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Caution:
This draft regulation is provided solely to facilitate dialogue concerning its
contents. Should the decision be made to proceed with the proposal, the
comments received during consultation will be considered during the final
preparation of the regulation. The content, structure, form and wording of
the draft regulation are subject to change as a result of the consultation
process and as a result of review, editing and correction by the Office of
Legislative Counsel.
CONSULTATION DRAFT
ONTARIO REGULATION
proposed to be made under the
PROPOSED CLIMATE CHANGE MITIGATION AND LOW-CARBON ECONOMY
ACT, 2016
(BILL 172)
THE CAP AND TRADE PROGRAM
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CONTENTS
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15.
16.
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19.
General
Definitions
Compliance periods
Attribution of emissions
Submission of Emission Allowances and Credits for Compliance Period
Ontario emission allowance or Ontario credit, equivalence in carbon dioxide equivalent
Submission of emission allowances and Ontario credits, timing
Restriction, emission allowances
Restriction, credits
Manner of submitting emission allowances and credits
Minister’s removal of emission allowances and credits from compliance account
Restriction on accounts, shortfall
Minister’s removal of emission allowances and credits, shortfall
Notice of continuing shortfall
Failure to remedy continuing shortfall
Registration of Participants in the Cap and Trade Program
Mandatory participants
Voluntary participants
Market participants
Information to be provided for registration
Conditions of registration
Cancellation of registration
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65.
Cap and Trade Accounts and Transactions
Cap and trade accounts of registered participants
Holding limits, current vintage emission allowances, etc.
Holding limit, future vintage emission allowances
When holding limit exceeded
Account agents, recognition by Director
Account agents, who may be designated
Authority of account agents
Designations, requirements and restrictions
Termination of designation
Suspension of authority re accounts
Minister to transfer upon receiving transfer request
When Minister may transfer between registered participants
Voluntary removal of emission allowances or credits from holding account
Emission allowances in closed accounts
Creation of Ontario Emission Allowances
Number of Ontario emission allowances to be created
Minister to reserve emission allowances for sale, etc.
Distribution of Ontario Emission Allowances by Auction and Sale
Distribution by auction
Distribution by sale
Minister’s notice of auction or sale
Financial assurance
Bids
Payment for purchases
Summary of auction, sale
Bidding in Auctions
Permission to bid in auctions
Expiry of permission if material change
Suspension, revocation of permission
Duty to update information
Criteria to be met before each auction
Purchase limits
Administration of Auction
Lots
Minimum price
Bids in excess of holding limit, purchase limit
Determination of actual maximum bid value
Maximum bid value in excess of financial assurance
Acceptance of bids
Bidding in Sales
Permission to bid in sales
Suspension, revocation of permission
Criteria to be met before each sale
Administration of Sale
Lots
Price
Bids in excess of holding limit
Determination of actual maximum bid value
Maximum bid value in excess of financial assurance
Acceptance of bids
Miscellaneous
Retention of records
Forms
GENERAL
Definitions
1. In this Regulation,
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[MOECC Note: In this draft, references to “the Act” are to the proposed Act set out in the
first reading version of Bill 172 (Climate Change Mitigation and Low-carbon Economy Act,
2016), introduced on February 24, 2016.]
“auction” means an auction held under section 36;
“Auction Class 1 emission allowance” means an Ontario emission allowance that is auctioned
and that has been classified by the Minister as having a vintage year that is either the auction
year or an earlier year;
“Auction Class 2 emission allowance” means an Ontario emission allowance that is auctioned
and that has been classified by the Minister as having a vintage year that is later than the
auction year;
“auction year” means, when used in reference to an auction, the calendar year in which the
auction is held;
“bid price” means the price offered for an Ontario emission allowance, as indicated in a bid
submitted under this Regulation;
“capped participant” means a mandatory participant or a voluntary participant;
“current vintage emission allowance” means an Ontario emission allowance that has been
classified by the Minister as having a vintage year that is either the current year or an earlier
year;
“designated account representative” means, when used in reference to a registered participant,
an individual designated by the participant as the participant’s account representative in
accordance with section 27;
“designated jurisdiction” means,
(a) the province of Quebec, or
(b) the state of California;
“future vintage emission allowance” means an Ontario emission allowance that has been
classified by the Minister as having a vintage year that is later than the current year;
“NAICS” means the North American Industry Classification System maintained for Canada by
Statistics Canada, as amended or revised from time to time;
“Reporting Regulation” means Ontario Regulation 452/09 (Greenhouse Gas Emissions
Reporting) made under the Environmental Protection Act;
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[MOECC Note: It may be appropriate in some circumstances to read references to the
Reporting Regulation in this draft regulation to include the new regulation, proposed to be
made under the proposed Act, which would deal with the same subject matter as the existing
Reporting Regulation. These references will be clarified at a later time.]
“verifiable emissions amount” means one of the following amounts that has been set out in
respect of greenhouse gas emissions in a year in a report given to the Director under the
Reporting Regulation:
1. The amount calculated under paragraph 4 of subsection 7.3 (2) of the Reporting
Regulation.
2. The amount calculated under subsection 7.4 (1), (2) or (3) of the Reporting
Regulation.
Compliance periods
2. The compliance periods are the following:
1. January 1, 2017 to December 31, 2020.
2. January 1, 2021 to December 31, 2023 and each subsequent three-year period.
Attribution of emissions
3. (1) For the purposes of section 13 of the Act, the prescribed activity is one of the
following:
1. All activities set out in Table 2 of the Reporting Regulation that are engaged in at a
single facility.
2. Electricity importation.
3. Natural gas distribution.
4. Petroleum product supply.
(2) Subject to subsection (4), the amount of greenhouse gas emissions relating to an activity
mentioned in subsection (1) that is attributed to a capped participant for a year is the following:
1. The participant’s verifiable emissions amount in respect of the activity, if a positive or
qualified positive verification statement has been issued in respect of the report in
which the verifiable emissions amount is set out.
2. The amount determined by the Director under subsection (3) in respect of the activity.
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(3) For the purposes of paragraph 2 of subsection (2), the Director shall determine the
amount of greenhouse gas emissions attributed to the participant for a year in respect of the
activity based on the information available to the Director if,
(a) an adverse verification statement was issued in respect of the report in which the
verifiable emissions amount in respect of the activity was set out; or
(b) a revised report setting out the verifiable emissions amount or a verification statement
or a revised verification statement in respect of the report in which the verifiable
emissions amount was set out was required to be given to the Director and was not
given to the Director.
(4) The amount of greenhouse gas emissions attributed to a capped participant relating to a
prescribed activity is zero for the following years:
1. In the case of a mandatory participant who was not required under the Reporting
Regulation to give a report to the Director in 2016 with respect to greenhouse gas
emissions in 2015 and to have the report verified, each of the subsequent first two
consecutive years in which the participant was required to give a report and to have
the report verified.
2. In the case of a voluntary participant, the first year in which the person is registered
under the Act and each previous year in which the participant was not registered
under the Act.
3. In the case of any capped participant, any year in respect of which the participant is
not required, either under the Reporting Regulation or as a condition of registration, to
give a report to the Director and to have the report verified.
SUBMISSION OF EMISSION ALLOWANCES AND CREDITS FOR COMPLIANCE PERIOD
Ontario emission allowance or Ontario credit, equivalence in carbon dioxide equivalent
4. An Ontario emission allowance or Ontario credit is equivalent to one tonne of carbon
dioxide equivalent.
Submission of emission allowances and Ontario credits, timing
5. (1) The deadline for submitting emission allowances and credits under section 14 of the
Act for a compliance period is 8 p.m. eastern standard time on November 1 following the end of
the compliance period.
(2) The deadline prescribed for the purposes of subsection 14 (9) of the Act is 8 p.m. eastern
standard time on the day that is 180 days following the day a revised report is given to the
Director, if the report sets out an increase in the amount of greenhouse gas emissions that results
in an increase in the amount attributed to a person under section 3.
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(3) If the deadline under subsection (1) or (2) falls on a day that is not a business day, the
deadline is 8 p.m. eastern standard time on the first business day following the deadline under
subsection (1) or (2), as the case may be.
Restriction, emission allowances
6. Only the following Ontario emission allowances may be submitted for a compliance
period:
1. Ontario emission allowances transferred into a compliance account as a result of a
successful purchase of emission allowances offered for sale under section 37.
2. Ontario emission allowances classified by the Minister as having a vintage year that is
a year in the compliance period or an earlier year.
3. Ontario emission allowances classified by the Minister as having a vintage year that is
either the first or second year following the end of the compliance period, if the
emission allowance has been allocated free of charge as a production adjustment.
[MOECC Note: Allowances distributed free of charge for production adjustment
See Appendix for further information on production adjustments and the distribution of
allowances free of charge.]
Restriction, credits
7. Only the following Ontario credits may be submitted for a compliance period:
1. Ontario offset credits created by the Minister before the end of the year following the
end of the compliance period.
2. Ontario early reduction credits.
[MOECC Note: See Appendix for further information on early reduction credits.]
[MOECC Note: To create a robust offset credit program in Ontario, a separate offsets
regulation will be proposed later in 2016 if the climate change legislation passes. The offsets
regulation will describe the requirements proponents must meet to be able to create, verify
and register offset credits for use in Ontario’s greenhouse gas cap and trade program,
including requirements for protocols. Protocols set out the requirements to demonstrate the
offset criteria such as ownership, and that proposed offsets are real, additional, verified,
unique, permanent, and enforceable, to ensure that offset projects produce the emission
reductions being claimed.]
Manner of submitting emission allowances and credits
8. (1) A capped participant may submit Ontario emission allowances described in
paragraph 1 of section 6 by paying for the purchased emission allowances.
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(2) A capped participant may submit Ontario emission allowances described in paragraphs 2
and 3 of section 6 and Ontario credits described in paragraphs 1 and 2 of section 7 by taking the
following steps:
1. A designated account representative of the participant must submit a notice of the
participant’s intent to submit the emission allowances and credits to all other
designated account representatives of the participant.
2. A second designated account representative of the participant must, no later than two
days following the submission of the notice of intent under paragraph 1, confirm the
participant’s intent to submit the emission allowances and credits to all other
designated account representatives of the participant.
(3) A capped participant may only submit Ontario emission allowances and Ontario credits
under subsection (2) if the emission allowances or credits are held in the participant’s holding
account.
(4) The steps described in paragraphs 1 and 2 of subsection (2) may both be taken by the
same individual if the participant has only one designated account representative.
(5) Upon receipt of a confirmation under paragraph 2 of subsection (2), the Minister shall
transfer the Ontario emission allowances and Ontario credits to the participant’s compliance
account.
(6) If the Minister asks a designated account representative of a participant for information
relating to the submission of emission allowances or credits under this section, the account
representative shall give the information to the Minister as soon as possible.
[MOECC Note: Change in ownership - If the ownership of a facility or person engaging in
an activity covered by this regulation changes, the new owner is required to submit any
outstanding allowances and credits for emissions from the facility or activity in accordance
with this regulation.]
Minister’s removal of emission allowances and credits from compliance account
9. (1) After the applicable deadline for submitting emission allowances and credits under
section 14 of the Act for a compliance period, the Minister shall take the steps set out in
subsection (2) in respect of each capped participant’s compliance account, in the order in which
the steps are set out, until the earlier of the following:
1. The amount of Ontario emission allowances and Ontario credits removed by the
Minister from the compliance account is equal to the amount of greenhouse gas
emissions required to be submitted by the participant for the compliance period.
2. The Minister has taken all of the steps.
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(2) The steps to be taken in respect of the compliance account are the following:
1. The Minister shall remove Ontario offset credits that may be submitted for the
compliance period, beginning with the credits that were created first and continuing
chronologically to the most recently created credits until the earlier of the following:
i. No more of those credits remain in the compliance account.
ii. The amount of credits removed from the compliance account represents eight
per cent of the greenhouse gas emissions attributed to the participant for the
compliance period.
2. The Minister shall remove any Ontario emission allowances described in paragraph 1
of section 6 until no more of those allowances remain in the compliance account.
3. The Minister shall remove any Ontario early reduction credits until no more of those
credits remain in the compliance account. [MOECC Note: See Appendix for further
information on early reduction credits.]
4. The Minister shall remove any Ontario emission allowances described in paragraph 2
of section 6, beginning with the emission allowances with the earliest vintage year
and continuing chronologically to the emission allowances with the most recent
vintage year, until no more of those emission allowances remain in the compliance
account.
5. The Minister shall remove any Ontario emission allowances described in paragraph 3
of section 6, beginning with the emission allowances with the earlier vintage year and
continuing chronologically to the emission allowances with the later vintage year,
until no more of those emission allowances remain in the compliance account.
(3) The Minister shall retire all emission allowances and credits removed by the Minister
under this section.
Restriction on accounts, shortfall
10. If a capped participant fails to submit all of the required emission allowances and credits
on or before the applicable deadline in accordance with this Regulation, the participant’s
authority to deal with emission allowances and credits in the participant’s cap and trade accounts
is restricted under paragraph 4 of subsection 14 (7) of the Act as follows: the participant is
prohibited from transferring emission allowances or credits from the participant’s holding
accounts into any other account other than the participant’s compliance account.
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Minister’s removal of emission allowances and credits, shortfall
11. (1) The Minister may only remove emission allowances and credits for a compliance
period under subsection 14 (7) of the Act until such time as the Director issues an order under
paragraph 1 of subsection 14 (8) of the Act.
(2) The Minister’s authority to remove emission allowances and credits for a compliance
period under paragraphs 1 and 3 of subsection 14 (7) of the Act may only be exercised by taking
the following steps in respect of the participant’s cap and trade accounts in the order in which
the steps are set out:
1. The Minister shall remove Ontario offset credits that may be submitted for the
compliance period, beginning with the credits that were created first and continuing
chronologically to the most recently created credits until the earlier of the following:
i. No more of those credits remain in the cap and trade accounts.
ii. The amount of credits removed from the cap and trade accounts, both under
section 9 and this section, represents eight per cent of the greenhouse gas
emissions attributed to the participant for the compliance period.
2. The Minister shall remove any Ontario early reduction credits until no more of those
credits remain in the cap and trade accounts. [MOECC Note: See Appendix for
further information on early reduction credits]
3. The Minister shall remove any Ontario emission allowances described in paragraph 2
of section 6, beginning with the emission allowances with the earliest vintage year
and continuing chronologically to the emission allowances with the most recent
vintage year, until no more of those emission allowances remain in the cap and trade
accounts.
4. The Minister shall remove any remaining Ontario emission allowances held in the
participant’s compliance account, beginning with the emission allowances with the
earliest vintage year and continuing chronologically to the emission allowances with
later vintage years, until no more of those emission allowances remain in the
compliance account.
5. The Minister shall remove any remaining Ontario emission allowances held in the
participant’s holding account, beginning with the emission allowances with the
earliest vintage year and continuing chronologically to the emission allowances with
later vintage years, until no more of those emission allowances remain in the holding
account.
(3) The Minister shall retire all emission allowances and credits removed by the Minister
under paragraph 1 of subsection 14 (7) of the Act.
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(4) The Minister shall reserve all emission allowances removed by the Minister under
paragraph 3 of subsection 14 (7) of the Act for the purposes of auctions.
Notice of continuing shortfall
12. A notice under subsection 14 (8) of the Act shall include, in addition to the amount of
the outstanding obligations, the following:
1. A statement explaining that if the participant is eligible to apply for an allocation of
free emission allowances, the number of emission allowances the participant would be
eligible to receive in the following year may decrease by the number of outstanding
emission allowances and credits.
2. The deadline for submitting sufficient emission allowances or credits to satisfy the
outstanding obligations, which must be 30 days from the day that the notice is issued.
3. A statement that the Director may issue an order under subsection 14 (8) of the Act if
the participant does not satisfy the outstanding obligations by the specified deadline.
Failure to remedy continuing shortfall
13. The amount required to be paid by an order under paragraph 1 of subsection 14 (8) of
the Act shall be determined by applying the following formula:
A=B×C
Where,
A = the amount required to be paid,
B = the lowest bid price accepted for Auction Class 1 emission allowances at the most
recent auction,
C = the amount of outstanding obligations at the time of the determination.
REGISTRATION OF PARTICIPANTS IN THE CAP AND TRADE PROGRAM
Mandatory participants
14. (1) Each of the following persons is required to register as a mandatory participant
under paragraph 2 of subsection 15 (1) of the Act.
1. A person who is exempt from section 7.6 of the Reporting Regulation under section
26 of that regulation.
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2. A person who was required under the Reporting Regulation to submit a report and
verification statement in 2016 with respect to greenhouse gas emissions in 2015.
(2) Subject to subsection (3), a person shall register as a mandatory participant no later than
September 1 in the first year in which the person is required to submit a verification statement.
(3) A person mentioned in paragraph 1 or 2 of subsection (1) shall register on or after July
1, 2016 and no later than November 30, 2016.
(4) The owner or operator of a facility that meets all of the following criteria is exempt from
subsection 15 (1) of the Act in respect of the facility:
1. The primary activity engaged in at the facility is electricity generation within the
meaning of the Reporting Regulation.
2. No products are produced at the facility other than electricity and any heat, steam or
by-product gas.
3. The facility does not receive natural gas directly from an international or interprovincial natural gas transmission pipeline.
4. No electricity is generated at the facility from the incineration of waste.
Voluntary participants
15. (1) For the purposes of paragraph 1 of subsection 16 (1) of the Act, a person mentioned
in that paragraph may apply for registration as a voluntary participant in the cap and trade
program if the person is the owner or operator of a facility at which an activity set out in Table 2
of the Reporting Regulation is engaged in and the person provides two positive verification
statements in respect of the two most recent reports given to the Director by the person under
that regulation.
(2) A person who meets all of the criteria set out in paragraphs 1 to 4 of subsection 14 (4) is
not permitted to apply for registration as a voluntary participant.
Market participants
16. A person who is not an employee of a mandatory or voluntary participant may apply to
the Director for registration as a market participant in the cap and trade program under
subsection 17 (1) of the Act.
Information to be provided for registration
17. (1) A person who is registering or applying to register under the Act shall give the
Director the following information:
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1. The name and contact information of the person and whether the person is a
corporation, partnership, sole proprietor or other type of organization.
2. In the case of a corporation,
i. the date and place of the incorporation,
ii. the business number,
iii. the names and contact information of the directors and officers,
iv. the names and contact information of persons controlling over 10 per cent of
the voting rights attached to all the outstanding voting securities, and
v. the name of each subsidiary or parent corporation.
3. In the case of a partnership,
i. the business number,
ii. the name and contact information of each partner, or, in the case of a limited
partnership, the name and contact information of each general partner, and
iii. the name and contact information of each special partner having provided
over 10 per cent of the common stock.
4. If the person has a business relationship with any other person who is registered under
the Act or who is required to be registered under the Act or who is registered or
required to be registered under similar rules or regulations of a designated jurisdiction,
i. the name and contact information of the other person,
ii. whether the other person is an individual or a corporation, partnership, sole
proprietor or other type of organization,
iii. if the other person is not an individual, the date and place of its incorporation
or the date and place of its establishment by other means,
iv. a description of the nature of the business relationship, which must include the
percentage of shares, securities or other interests of each person held by others
and which may be accompanied by a diagram showing the relationship,
v. the holding account number of the other person, and
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vi. the name and contact information of the other person’s primary account
representative.
5. A designation of account agents prepared in accordance with section 27.
6. A document signed by the chief officer of the person registering or a resolution of the
board of directors of the person that sets out the following:
i. An undertaking that the chief officer or board of directors will comply with
the Act and this Regulation.
ii. A statement that the information provided under this section is accurate, to the
best of the chief officer’s or the board of directors’ knowledge.
iii. The chief officer’s or board of directors’ consent to the Ministry giving
information relating to the person to authorities in designated jurisdictions
when necessary for the purposes of this Regulation and the similar rules and
regulations of designated jurisdictions.
7. The percentage of the holding limit allotted to the person in accordance with
subsection 21 (5) or 22 (2), if applicable.
8. The percentage of the purchase limit allotted to the person in accordance with section
48, if applicable.
(2) In the case of a person registering or applying to register as a capped participant, the
participant shall give the Director the following information in addition to the information
mentioned in subsection (1):
1. Each unique identifier provided to the person by the Ministry for the purposes of the
Reporting Regulation.
2. For each facility in respect of which the person prepares a report and in respect of
which verification is required to be conducted under the Reporting Regulation,
i. the primary NAICS code and, if applicable, any secondary NAICS codes, and
ii. the names and contact information of any persons responsible for preparing
the report.
(3) In the case of a person applying to register as a voluntary participant, the person must
submit a verification statement, prepared in accordance with [MOECC Note: the Reporting
Regulation] in respect of each of the two reports prepared in respect of greenhouse gas
emissions during the two years immediately preceding the year of the application.
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(4) For the purposes of paragraph 4 of subsection (1), a business relationship exists between
two persons if there is a direct or indirect relationship in which,
(a) the first person owns more than 20 per cent of the securities of the second person or
holds a call, option or other right or obligation to acquire such securities;
(b) the first person shares more than 20 per cent of its officers or directors with the second
person or may appoint up to 20 per cent of the officers or directors of the second
person;
(c) the first person owns voting securities carrying more than 20 per cent of the voting
rights attached to all voting securities in the second person;
(d) if the second person is a partnership other than a limited partnership, the first person
holds more than 20 per cent of the interests in the partnership;
(e) if the second person is a limited partnership, the first person is a general partner of the
partnership; or
(f) the first person has any direct or indirect influence over voting securities of the second
person, other than voting securities to secure an obligation, and, if the first person
exercised that influence, the first person would be entitled to elect a majority of
directors of the second person.
(5) For the purposes of paragraph 4 of subsection (1), a business relationship exists between
a group of persons if two or more persons in the group are controlled by one of the persons in
the group.
[MOECC Note: Registration of clearing houses - Ontario is considering facilitating the
participation of clearing houses in the program to provide clearing services for transactions
between registered participants:
 To be eligible, the clearing house would need to be recognized by a regulatory authority
responsible for supervising financial markets in Canada.
 Clearing houses would need to register according to rules similar to those in section 17
and submit supporting documentation confirming oversight of their activities by a
regulatory authority.
 Upon successful registration, an eligible clearing house would receive a clearing house
account in which they would be able to temporarily hold allowances and credits to provide
clearing services to other registered participants.]
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Conditions of registration
18. (1) It is a condition of registration as a capped participant or as a market participant that
the participant must notify the Director of any changes to information provided to the Director
under section 17 within 30 days following the change.
(2) It is a condition of registration as a voluntary participant that the participant must give
reports and verification statements to the Director as if the participant were a mandatory
participant.
(3) It is a condition of registration as a capped participant that the participant not transfer
emission allowances or credits out of the participant’s compliance account.
Cancellation of registration
19. (1) The Director may cancel the registration of a capped participant if the participant
has requested the cancellation in writing and has satisfied all obligations under section 14 of the
Act for the compliance period.
(2) The Director may cancel the registration of a market participant if the participant has
requested the cancellation in writing and no emission allowances or credits remain in the
participant’s holding account.
CAP AND TRADE ACCOUNTS AND TRANSACTIONS
Cap and trade accounts of registered participants
20. (1) The Director shall establish a holding account for each registered participant, to and
from which emission allowances and credits may be transferred.
(2) In addition to the holding account mentioned in subsection (1), the Director shall
establish a compliance account for each capped participant, to which the Minister may transfer
emission allowances and credits that the participant submits under section 14 of the Act.
Holding limits, current vintage emission allowances, etc.
21. (1) This section applies in respect of the following:
1. Current vintage emission allowances.
2. Ontario emission allowances that are classified as Category A, B or C.
3. Ontario early reduction credits. [MOECC Note: See Appendix for further
information on early reduction credits.]
(2) Subject to subsection (3), the total number of emission allowances and credits mentioned
in subsection (1) that are held in a participant’s cap and trade accounts at any time in a year, or
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in the cap and trade accounts of participants who are related persons at any time in a year, shall
not exceed the limit determined by applying the following formula:
HL = 2,500,000 + 0.025 × (C - 25,000,000)
Where,
HL = the limit on emission allowances and credits mentioned in paragraphs 1, 2 and 3 of
subsection (1) that are held in the cap and trade accounts during a year,
C = the number of Ontario emission allowances created under section 34 for the year.
(3) When determining whether or not the limit determined under subsection (2) is exceeded,
the amount set out in subsection (4) shall be deducted from the total number of emission
allowances and credits held in the participant’s cap and trade accounts.
(4) The amount deducted under subsection (3) is the total number of Ontario emission
allowances and credits held in the participant’s compliance account, up to the maximum number
determined in accordance with [MOECC Note: an accruing estimate of the expected
compliance obligation for the compliance period and the first year of the next compliance
period. Each year, the emissions estimate for that year would be based on the most recent
verified emissions report available or, in the absence of a verified emissions report, an
amount determined by the director. The estimated compliance obligation would increase
annually at the beginning of a new compliance year as new verified emissions reports are
available and then reset in the second year of the next compliance period to deduct the
amount of their compliance obligation for the previous compliance period.]
[MOECC Note: Request for adjustment of exemption from the holding limit - A capped
emitter that expects to have a significant increase in emissions in a compliance period of at
least 250,000 tonnes per year of CO2e may request an adjustment to the estimate by the
director for that year and the next year until the verified emissions report for that year is
available. Once the verified emissions report is available for the year in which emissions
increased, the emissions amount of the verified report would replace the estimate assigned by
the director. The capped emitter would need to provide sufficient information to demonstrate
that the increase of emissions is expected to be more than 250,000 tonnes per year of CO2e to
support the determination of an estimate by the director.]
(5) Registered participants who are related persons shall allot the limits calculated under this
section among themselves and each related person shall hold emission allowances or credits in
an amount that is equal to or lower than their allotted portion of the limit.
(6) For the purposes of this section, two persons are related persons,
(a) if there is a direct or indirect relationship between them in which the first person,
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(i) owns more than 50 per cent of the securities of the second person or holds a
call, option or other right or obligation to acquire such securities,
(ii) shares more than 50 per cent of its officers or directors with the second person
or may appoint up to 50 per cent of the officers or directors of the second
person, or
(iii) owns voting securities carrying more than 50 per cent of the voting rights
attached to all voting securities in the second person;
(b) if they each have the same designated account representative, and that same individual
also performs other duties for one of the persons;
(c) if the second person is a partnership other than a limited partnership and the first
person holds more than 50 per cent of the interests in the partnership; or
(d) if the second person is a limited partnership, the first person is the general partner of
the partnership.
(7) For the purposes of this section, a group of persons are related persons if two or more
persons in the group are controlled by one of the persons in the group.
Holding limit, future vintage emission allowances
22. (1) The sum of the future vintage emission allowances held in a person’s cap and trade
accounts at any time in a year, or in the cap and trade accounts of related persons at any time in
a year, shall not exceed the limit set out by applying the following formula in respect of each
future vintage year:
HLj = 2,500,000 + 0.025 × (Cj - 25,000,000)
Where,
HLj = the limit on future vintage emission allowances with vintage year j that are held in
the cap and trade accounts during a year,
Cj = the number of Ontario emission allowances created under section 34 for year j.
(2) Registered participants who are related persons shall allot the limits calculated under this
section among themselves and each related person shall hold emission allowances or credits in
an amount that is equal to or lower than their allotted portion of the limit.
(3) Subsections 21 (6) and (7) apply for the purposes of this section.
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When holding limit exceeded
23. (1) The Minister may, at any time starting five days after the day a capped participant is
in contravention of section 21 or 22, remove the number of emission allowances or credits that
exceed the applicable limit from the participant’s holding accounts.
(2) The Minister shall,
(a) retire all credits removed under subsection (1); and
(b) reserve all emission allowances removed under subsection (1) for the purposes of an
auction.
[MOECC Note: Application of holding limits to clearing houses - Holding limits would not
apply to clearing house accounts. Once the instruments are sold and transferred into the
buyers account, the allowances are counted against the holding limit of the buyer.]
Account agents, recognition by Director
24. (1) An individual may apply to the Director, in the manner approved by the Director,
for recognition as an account agent if the person meets the following eligibility criteria:
1. The individual has not been convicted of a criminal offence in the five years before
the individual submitted the application to the Director, unless a pardon, including a
record suspension within the meaning of the Criminal Records Act (Canada), has been
obtained.
2. The individual has not been found guilty of an offence under the Act.
3. The individual has not been found guilty of an offence under the Commodity Futures
Act or the Securities Act.
4. The person does not have an identification number assigned for the purposes of
dealing with emission allowances and credits.
(2) The application shall include the following:
1. The name, address and date of birth of the applicant.
2. Copies of two government-issued identity documents, one of which must have a
photograph, the person’s name and date of birth.
3. An attestation by a notary or lawyer, completed no earlier than three months before
the application is submitted, verifying the identity of the applicant and certifying the
authenticity of the identity documents.
4. The name and contact information of the applicant’s employer, if any.
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5. Confirmation from a financial institution located in Canada that the person has an
account with the institution and that the person’s identity was verified at the time
when the account was opened.
6.
A document signed by the applicant that includes the following:
i. A statement that, to the best of the applicant’s knowledge, the applicant meets
the criteria in subsection (1) and the information provided in the application is
accurate.
ii. A statement that the applicant consents to the Ministry giving information
relating to the person to authorities in designated jurisdictions when necessary
for the purposes of this Regulation and the similar rules and regulations of
designated jurisdictions.
(3) If the Director recognizes the applicant as an account agent, the Director shall assign an
identification number to the applicant.
(4) It is a condition of recognition as an account agent that the individual provide the
Director with updated information within 30 days of any change in respect of the individual’s
satisfaction of the eligibility criteria under subsection (1).
(5) It is a condition of recognition as an account agent that the individual provide the
Director with updated information regarding the eligibility criteria under subsection (1) if the
Director so requests, within the time specified by the Director.
(6) The Director may cancel an individual’s recognition as an account agent by providing
the individual with written notice of the cancellation if the Director is satisfied that the
individual has been convicted of a criminal offence or if the individual no longer satisfies the
criteria set out in paragraphs 2 and 3 of subsection (1), or fails to provide information required
under subsection (5).
Account agents, who may be designated
25. (1) A registered participant may only designate one of the following as an account
agent:
1. An individual who has been recognized as an account agent under section 24.
2. A person authorized to act as an account agent by a designated jurisdiction.
(2) Only an individual who resides in Ontario may be designated as the primary account
representative.
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Authority of account agents
26. (1) A designated primary account representative or a designated alternate account
representative of a registered participant is authorized to act on behalf of the participant to
perform any actions that the participant is required or permitted to do under the Act.
(2) An individual who is designated as an account viewing agent by a registered participant
is authorized to observe the participant’s cap and trade accounts on behalf of the participant.
(3) If a designated primary or alternate account representative submits a notice or
confirmation under this Regulation, the individual must include a statement that he or she is
authorized to submit the notice or confirmation on behalf of the registered participant who made
the designation and that the information set out in the notice or confirmation is true, accurate
and complete to the best of his or her knowledge.
Designations, requirements and restrictions
27. (1) Each registered participant shall designate,
(a) one individual as a primary account representative;
(b) subject to subsection (2), at least one and no more than four individuals as alternate
account representatives, none of whom may also be designated as the primary account
representative.
(2) A registered participant who is an individual is not required to designate an alternate
account representative.
(3) Each registered participant may designate up to five individuals as account viewing
agents.
(4) The designation shall include the following information in respect of each individual
being designated:
1. The individual’s name and the identification number assigned by the Director.
2. A statement signed by the chief officer or chief financial officer or a resolution of the
board of directors of the registered participant, attesting that the individual has been
designated to act on behalf of the registered participant as either an account
representative or an account viewing agent, as the case may be.
3. An attestation from a notary or lawyer stating the relationship between the individual
and the registered participant.
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4. A statement signed by the individual attesting that the individual has been designated
to act on behalf of the registered participant for the purposes of this Regulation and
that the individual undertakes to comply with this Regulation.
5. If the individual is designated by any other person as an account representative or as
an account viewing agent for the purposes of this Regulation or as a person authorized
to perform similar functions under the regulations of a designated jurisdiction, a
statement signed by the individual, providing the name and contact information of any
such person.
Termination of designation
28. The designation of an individual as an account representative for a registered participant
terminates when,
(a) the Director receives a written request from the registered participant for termination
of the designation;
(b) all of the registered participant’s accounts are closed; or
(c) the Director cancels the recognition of the individual under subsection 24 (6).
Suspension of authority re accounts
29. (1) The Director may suspend a participant’s or a designated account representative’s
authority to deal with emission allowances and credits held in a participant’s cap and trade
accounts by providing the individual with written notice of the suspension if the Director has
reason to believe that the participant or account representative has contravened this Regulation
or section 27 or 28 of the Act.
(2) If the Director is satisfied that the participant or designated account representative, as the
case may be, is no longer contravening this Regulation or section 27 or 28 of the Act, the
Director shall reinstate the authority.
Minister to transfer upon receiving transfer request
30. (1) Upon receiving a request to transfer emission allowances or credits under this
Regulation, the Minister shall transfer the allowances or credits that are identified in the request
in accordance with the request, unless the Minister is of the view that,
(a) the transfer would result in non-compliance with the Act or the regulations;
(b) the Minister has reasonable grounds to believe that an offence has been committed
under the Act in relation to the transfer request; or
(c) the transfer request contains errors, omissions or is otherwise incomplete.
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(2) If the Minister refuses to transfer emission allowances or credits under subsection (1),
the Minister shall provide notice of the reason for the refusal to all of the designated account
representatives who have taken steps under this Regulation with respect to the transfer request.
(3) If the Minister refuses to transfer emission allowances or credits under clause (1) (c), the
notice shall identify the errors or omissions or shall include a description of how the transfer
request is otherwise incomplete.
When Minister may transfer between registered participants
31. (1) A registered participant may submit a request to the Minister to transfer emission
allowances or credits from the participant’s holding account to another registered participant’s
holding account by taking the following steps:
1. A designated account representative of the registered participant who wishes to
transfer the emission allowances or credits must submit a notice of the intent to
transfer emission allowances or credits to all other designated account representatives
of the participant, setting out,
i. the number of emission allowances and credits,
ii. a description of the emission allowances and credits, and
iii. except if the proposed transfer is between related persons, details with respect
to the price to be paid for each emission allowance and credit.
iv. [MOECC Note: the type of transaction agreement, the date of the
agreement, the expected termination date of the agreement, the contact
information of other parties involved in the transaction, and all other
transactions or products covered by the agreement. The types of contacts
that can be specified include one of the following:
 over-the-counter agreements that involve a transfer to be completed
within three days of the date of the agreement
 over-the-counter agreements that involve a transfer to be completed in
more than three days from the date of the agreement or involve multiple
transfers or includes the sale of other products
 exchange agreements]
2. A second designated account representative of the participant must, no later than two
days following the submission of the notice of intent under paragraph 1, confirm the
participant’s intent to transfer the emission allowances and credits mentioned in the
notice to all other designated account representatives of the participant and to all
designated account representatives of the registered participant to whom the emission
allowances and credits would be transferred.
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3. A designated account representative of the registered participant to whom the
emission allowances and credits would be transferred must submit a confirmation that
the participant to whom the emission allowances and credits would be transferred
intends to accept the transfer.
(2) Subject to subsection 30 (1), the Minister shall ensure that upon receipt of a
confirmation of acceptance of the transfer under paragraph 3 of subsection (1), the emission
allowances and credits specified in the confirmation of acceptance are transferred.
(3) The steps described in paragraphs 1 and 2 of subsection (1) may both be taken by the
same individual if the participant has only one designated account representative.
(4) If the Minister asks a designated account representative of a participant for information
relating to the transfer of emission allowances or credits under this section, the account
representative shall give the information to the Minister as soon as possible.
[MOECC Note: Transfers involving clearing houses
 Allowances and credits may only be transferred into the clearing house account by a
registered participant (i.e., potential seller) for the purpose of transferring control of them
to the clearing house, and may only be transferred out of the account to the registered
participant receiving the allowances (i.e., buyer) pursuant to the transaction being cleared.
 Clearing houses would only be able to hold allowances and credits for a maximum of five
days before they must be transferred to a buyer or returned to the seller.
 Requests to transfer compliance instruments to or from a clearing house account would
not require confirmation from an account representative of the destination holding
account.]
Voluntary removal of emission allowances or credits from holding account
32. (1) A registered participant may submit a request to the Minister for the removal of
emission allowances or credits from the participant’s holding account by taking the following
steps:
1. A designated account representative of the participant who wishes to have the
emission allowances or credits removed must submit a notice of the participant’s
intent to remove emission allowances and credits to all other designated account
representatives of the participant, setting out the number of emission allowances and
credits and a description of the emission allowances and credits that are intended to be
removed.
2. A second designated account representative of the participant must, no later than two
days following the submission of the notice of intent under paragraph 1, confirm the
participant’s intent to remove the emission allowances and credits mentioned in the
notice to all other designated account representatives of the participant.
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(2) Upon receiving a confirmation under paragraph 2 of subsection (1), the Minister shall
remove the emission allowances or credits specified in the confirmation from the holding
account and retire them.
(3) The steps described in paragraphs 1 and 2 of subsection (1) may both be taken by the
same individual if the participant has only one designated account representative.
(4) If the Minister asks a designated account representative of a participant for information
relating to the transfer of emission allowances or credits under this section, the account
representative shall give the information to the Minister as soon as possible.
Emission allowances in closed accounts
33. If a capped participant’s cap and trade accounts are closed under section 25 of the Act
and any Ontario emission allowances or Ontario credits remain in the accounts, the Minister
shall take the following steps:
1. The Minister shall reserve the Ontario emission allowances for auctions.
2. The Minister shall retire the Ontario early reduction credits. [MOECC Note: See
Appendix for further information on early reduction credits.]
[MOECC Note: Pending rules on the creation of Ontario offset credits, Ontario offset credits
remaining in closed account would either be retired or reserved to replace credits that were
discovered to be invalid or were reversed (e.g., trees destroyed by forest fire).]
[MOECC Note: Posting of transactions - The minister, at least once per year, shall post a list
of registrants and a summary of transactions.]
CREATION OF ONTARIO EMISSION ALLOWANCES
Number of Ontario emission allowances to be created
34. For each year set out in Column 1 of the following Table, the Minister shall create the
number of Ontario emission allowances set out opposite the year in Column 2 of the Table:
Column 1
Year
2017
2018
2019
2020
Column 2
Number of Allowances
142,332,000
136,440,000
130,556,000
124,668,000
[MOECC Note: The Minister will establish the accounts needed to administer the program
including accounts for creating allowances, distributing allowances free of charge,
distributing allowances by auction, reserving allowances for direct sale, retiring allowances,
25
cancelling allowances, invalidating offset credits, and pending rules on the creation of offset
credits, for reserving credits to replace invalid or reversed offset credits.]
Minister to reserve emission allowances for sale, etc.
35. (1) Each time the Minister creates Ontario emission allowances, the Minister shall
reserve five per cent of all Ontario emission allowances created for the purposes of sales under
section 37.
(2) The Minister shall classify the Ontario emission allowances reserved under subsection
(1) into three categories with the labels of Category A, B and C, with each category consisting
of, to the extent possible, an equal number of emission allowances.
[MOECC Note: - Emission allowances will be distributed free of charge annually for each
vintage year when the vintage year equals the calendar year- See Appendix for further
information on the distribution of allowances free of charge]
[MOECC Note – Emission allowances auctioned –Emission allowances remaining following
determination of the total amount to be distributed for free, will be reserved for quarterly
auctions for that year. Additionally, ten per cent of Ontario emission allowances created with
a vintage three years later than the current auction year would also be reserved for annual
quarterly auctions.]
(3) The Minister shall classify each Ontario emission allowance reserved for the purposes of
distribution free of charge or for the purpose of auctions as an emission allowance with a vintage
year.
(4) After an order is issued under paragraph 1 of subsection 14 (8) of the Act, the Minister
shall deduct from the Ontario emission allowances reserved by the Minister for the next auction
a number of Ontario emission allowances equal to 25 per cent of the amount of the outstanding
obligations at the time of the determination under section 13 of this Regulation.
(5) The Minister shall retire the Ontario emission allowances deducted under subsection (4).
DISTRIBUTION OF ONTARIO EMISSION ALLOWANCES BY AUCTION AND SALE
Distribution by auction
36. (1) Each year starting in 2017, the Minister shall auction Ontario emission allowances
on four separate occasions, each consisting of a single round of bidding.
(2) The Minister may only auction the following emission allowances:
1. Such Ontario emission allowances as have been reserved by the Minister for the
purpose of auctions.
26
2. Any Ontario emission allowances that have been submitted to the Minister under
paragraph 2 of subsection 14 (7) of the Act.
(3) If, at the end of an auction, any of the Ontario emission allowances that were auctioned
remain unsold, the Minister shall reserve them for the purposes of a subsequent auction under
subsection (1) and may auction them subsequently, subject to the following rules:
1. An unsold Auction Class 1 emission allowance may be auctioned subsequently only
if, following the most recent auction in which the allowance remained unsold, the
lowest bid price accepted by the Minister for Auction Class 1 emission allowances
was higher than the minimum price at two or more consecutive auctions held by the
Minister.
2. An unsold Auction Class 2 emission allowance may be auctioned subsequently in a
year that is no earlier than the vintage year of the unsold emission allowance.
3. The maximum number of unsold emission allowances that may be auctioned on a
single occasion is the number that is equal to 25 per cent of the emission allowances
that are being auctioned on the occasion that,
i. have not previously been auctioned, and
ii. have been classified as having a vintage year that is the auction year.
Distribution by sale
37. (1) Each year starting in 2017, in addition to holding auctions, the Minister shall offer
Ontario emission allowances for sale to capped participants on four separate occasions.
(2) The Minister shall only offer for sale such Ontario emission allowances as have been
reserved for sales under this section.
(3) If any of the emission allowances that were offered for sale under subsection (1) remain
unsold after the Minister has offered them for sale, the Minister shall reserve them for the
purposes of a subsequent sale under this section.
Minister’s notice of auction or sale
38. At least 60 days before an auction or a sale, the Minister shall provide notice of the
auction or sale to the public in such manner as the Minister considers appropriate, setting out the
following information:
1. The date on which and time period during which bidding in the auction or sale may
take place.
2. The location or internet address at which the auction or sale will be held.
27
3. A summary of the requirements of this Regulation relating to the auction or sale.
4. A summary of the auction or sale process.
5. In the case of an auction,
i. the vintage years of the Ontario emission allowances being offered for sale at
the auction and the number of emission allowances with each vintage year
being offered, and
ii. the minimum price of the Ontario emission allowances.
6. In the case of a sale,
i. the categories of the Ontario emission allowances being offered for sale and
the number of emission allowances of each category being offered, and
ii. the price of the emission allowances in each category.
Financial assurance
39. (1) Financial assurance required to be given by a registered participant under this
Regulation for the purposes of bidding in an auction or a sale must meet the following criteria:
1. It must be in Canadian dollars.
2. It must be valid for at least 26 days following the date of the auction or sale.
3. It must be provided in the form of a transfer, irrevocable letter of credit or letter of
guarantee issued by,
i. a bank within the meaning of the Bank Act (Canada), or
ii. a financial services cooperative that is authorized by a statute of Canada or
Ontario to carry on business in Canada or Ontario.
4. It must be deposited with and payable to the Minister.
5. It must be for an amount that is greater than or equal to the participant’s proposed
maximum bid value, as determined under subsection (2) or (3).
(2) The participant’s proposed maximum bid value for an auction is determined as follows:
28
1. For each bid price proposed by the participant, multiply the bid price by the number
of emission allowances that the participant proposes to purchase at that bid price or at
a higher bid price.
2. The highest value calculated under paragraph 1 is the proposed maximum bid value.
(3) The participant’s proposed maximum bid value for a sale is determined as follows:
1. For each bid price proposed by the participant, multiply the bid price by the number
of emission allowances that the participant proposes to purchase at that bid price.
2. Determine the sum of the results calculated under paragraph 1.
Bids
40. (1) A registered participant must include the following in a bid submitted in an auction
or a sale:
1. The bid price, in dollars and whole cents.
2. The quantity of lots that the participant wishes to purchase.
(2) Each bid must be sealed and submitted in the form approved by the Minister.
(3) A participant may submit more than one bid in an auction or sale.
Payment for purchases
41. (1) A registered participant who has been notified by the Minister that one or more bids
by the participant have been successful in an auction or a sale shall pay to the Minister the
amount of the successful bids within seven days after receiving the notice.
(2) If an amount payable under subsection (1) is not paid within the period specified in
subsection (1), the Minister may use the person’s financial assurance provided under section 39
to secure the payment.
(3) The Minister shall transfer the Ontario emission allowances paid for under subsection
(1) or (2) to the participant’s,
(a) holding account, in the case of an auction purchase, subject to subsection (5); or
(b) compliance account, in the case of a sale.
(4) The Minister shall return any unused portions of financial assurance provided under
section 39.
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(5) Despite clause (3) (a), the Minister may transfer Ontario emission allowances purchased
at an auction to a participant’s compliance account in [MOECC Note: if there is room
remaining in respect to the compliance exemption related to the holding limit.].
Summary of auction, sale
42. (1) The Minister shall make available to the public, in a manner that the Minister
considers appropriate, a written summary of each auction or sale, setting out the following
information:
1. In the case of an auction,
i. the lowest bid price accepted for Auction Class 1 emission allowances, and
ii. the lowest bid price accepted for Auction Class 2 emission allowances.
2. The registered participants who submitted bids in the auction or sale.
3. Details regarding the number of emission allowances sold, the number of each vintage
year or category of emission allowances sold, and a description of how the emission
allowances were distributed among the participants who submitted bids, without
identifying which participants purchased the emission allowances.
(2) The summary shall be made available within 45 days following the conclusion of the
auction or sale.
BIDDING IN AUCTIONS
Permission to bid in auctions
43. (1) A registered participant may apply to the Minister for permission to bid in auctions
by submitting the following information to the Minister:
1. The name, contact information and holding account number of the participant.
2. The names and identification numbers of all designated account representatives of the
participant.
3. If the participant is an individual, the individual’s social insurance number.
4. The form of financial assurance to be given.
5. The percentage of the holding limit allotted to the participant in accordance with
section 21 or 22, if applicable.
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6. The percentage of the purchase limit allotted to the participant in accordance with
section 48, if applicable.
(2) Subject to subsection (3), upon receiving an application from a participant that meets the
requirements set out in subsection (1), the Minister shall permit the participant to bid in
auctions.
(3) The Minister shall refuse permission to bid in auctions if any of the following
circumstances apply:
1. The participant has given false or misleading information in the application.
2. The participant has failed to disclose information required under subsection (1).
3. The participant’s registration or cap and trade accounts are subject to conditions under
this Regulation or imposed by the Director that prohibit participation in auctions or
otherwise prevent emission allowances or credits from being transferred to the
participant’s holding account.
Expiry of permission if material change
44. If there is a material change in the information submitted to the Minister under
subsection 43 (1), the permission expires and the participant must reapply under section 43 for
permission to bid in auctions.
Suspension, revocation of permission
45. (1) The Minister may suspend permission to bid in auctions if the circumstances
described in paragraph 3 of subsection 43 (3) apply.
(2) If permission has been suspended, the Minister may reinstate the permission once the
circumstances described in paragraph 3 of subsection 43 (3) no longer apply.
(3) The Minister may revoke permission to bid in auctions if the Minister becomes aware
that the participant has given false or misleading information in the application for permission,
or if the participant has failed to comply with section 46 or 47 of this Regulation or section 28 of
the Act or failed to disclose information required by this Regulation.
(4) If the Minister receives notice from a participant who has been permitted to bid in
auctions that the participant no longer wishes to bid in auctions, the Minister shall revoke the
permission.
Duty to update information
46. A participant who has permission to bid in auctions under section 43 shall, if any of the
information submitted as part of the application changes, provide updated information to the
Minister at least 40 days before an auction in which the participant wishes to bid.
31
Criteria to be met before each auction
47. (1) Subject to subsection (2), only a participant who meets the following criteria may
bid in an auction held by the Minister:
1. The participant has permission under section 43 to bid in auctions held by the
Minister.
2. The participant has given the Minister notice of the participant’s intention to bid in the
auction at least 40 days before the auction.
3. The participant has given financial assurance to the Minister at least 12 days before
the auction.
(2) If any of the information submitted under paragraph 5 or 6 of subsection 43 (1) as part of
the participant’s most recent application for permission to bid in auctions changes during the
period beginning 39 days before the auction and ending on the day of the auction, the person is
not permitted to bid in the auction.
Purchase limits
48. (1) A capped participant or a group of capped participants who are related shall not
purchase more than 25 per cent of the Ontario emission allowances available at an auction.
(2) Capped participants who are related shall allocate the purchase limit set out in
subsection (1) among themselves.
(3) A capped participant who is a related person shall not purchase more than the share of
the purchase limit allocated to the participant in accordance with subsection (2).
(4) A market participant or a group of related market participants shall not purchase more
than four per cent of the Ontario emission allowances available at an auction.
(5) Market participants who are related shall allocate the purchase limit set out in subsection
(4) among themselves.
(6) A market participant who is a related person shall not purchase more than the share of
the purchase limit allocated to the participant in accordance with subsection (5).
(7) If a group of related persons includes at least one capped participant and one market
participant, the total purchased by the group at an auction shall not exceed 25 per cent of the
Ontario emission allowances available at the auction.
(8) Participants who are related persons shall allocate the purchase limit set out in
subsection (7) among themselves and no more than four per cent of the Ontario emission
32
allowances available at the auction may be allocated to the related persons who are market
participants.
(9) Subsections 21 (6) and (7) apply for the purposes of this section.
ADMINISTRATION OF AUCTION
Lots
49. The Minister shall divide Ontario emission allowances that are to be auctioned into lots
in accordance with the following rules:
1. Each lot, other than the final lot, shall consist of 1,000 Ontario emission allowances.
2. The final lot may consist of fewer than 1,000 Ontario emission allowances if fewer
than 1,000 Ontario emission allowances remain once all other emission allowances
have been divided into lots of 1,000.
3. Each lot may consist of only one of the following combinations of Ontario emission
allowances:
i. Auction Class 1 emission allowances.
ii. Auction Class 2 emission allowances, all of which must have been classified
as having the same vintage year.
Minimum price
50. (1) The minimum price of an emission allowance in auction year 2017 is determined by
applying the following formula:
MP2017 = 12.82 × (1 + 0.05 + Ir)
Where,
MP2017 = the minimum price for an emission allowance in auction year 2017,
Ir = the average Consumer Price Index for Ontario for the 12-month period ending on
September 30, 2016, as published by Statistics Canada under the Statistics Act
(Canada).
(2) The minimum price of an emission allowance in an auction year after 2017 is
determined by applying the following formula:
MPy = MP(y-1) × (1 + 0.05 + Ir)
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Where,
MPy = the minimum price for an emission allowance in auction year y,
MP(y-1) = the minimum price for an emission allowance in the auction year immediately
preceding year y;
Ir = the average Consumer Price Index for Ontario for the 12-month period ending on
September 30th of the year immediately preceding year y, as published by Statistics
Canada under the Statistics Act (Canada).
Bids in excess of holding limit, purchase limit
51. (1) After the period of time for bidding has concluded, the Minister shall, in the
circumstances described in subsection (2), reject bids or portions of bids of a participant starting
with the participant’s lowest bid price and continuing in increasing order by bid price.
(2) The Minister shall reject bids or portions of bids under subsection (1) if acceptance of all
of the participant’s bids would result in contravention of a limit under section 21, 22 or 48.
(3) The Minister shall reject bids or portions of bids under subsection (1) until the total of
the participant’s bids remaining would, if accepted, not result in contravention of a limit under
section 21, 22 or 48.
Determination of actual maximum bid value
52. (1) Before accepting any bids, the Minister shall determine whether each participant’s
actual maximum bid value, as determined under subsection (2), is greater than or equal to the
participant’s financial assurance.
(2) The participant’s actual maximum bid value is determined as follows:
1. For each bid price included in the participant’s bids, multiply the bid price by the
number of emission allowances that the participant proposed to purchase at that bid
price or at a higher bid price.
2. The highest value calculated under paragraph 1 is the actual maximum bid value.
Maximum bid value in excess of financial assurance
53. (1) If the actual maximum bid value of a participant’s bids exceeds the value of the
participant’s financial assurance, the Minister shall remove from the participant’s bids enough
lots such that the remaining bids would not result in the actual maximum bid value exceeding
the value of the financial assurance.
(2) The Minister shall remove lots under subsection (1) starting with the lowest bid price
and continuing in increasing order by bid price.
34
(3) If the Minister has removed lots under subsection (1), the Minister shall determine at
which bid price mentioned in subsection (4), if any, the removed lots could be bid upon without
causing the actual maximum bid value to exceed the value of the participant’s financial
assurance.
(4) For the purposes of subsection (3), the bid price must be a bid price that has been
included in another participant’s bid in the auction and, if there is more than one bid price
available to the Minister, the Minister shall use the highest bid price for the purposes of
subsection (3).
(5) The Minister shall consider bids at bid prices determined by the Minister under
subsection (3) for lots that have been removed under subsection (1) as if they were new bids
submitted at the bid price determined under subsection (3).
(6) If the Minister is unable to determine a new bid price for removed lots under subsection
(3), the Minister shall reject the removed lots.
Acceptance of bids
54. (1) In this section,
“lowest bid price (Auction Class 1)” means the lowest bid price accepted by the Minister for
Auction Class 1 emission allowances;
“lowest bid price (Auction Class 2)” means the lowest bid price accepted by the Minister for
Auction Class 2 emission allowances.
(2) The Minister shall accept bids that have not been rejected under section 51 or 53,
starting with the highest bid price and continuing in decreasing order by bid price until no more
bids remain or no more emission allowances are available.
(3) No bid price that is below the minimum price shall be accepted.
(4) Subsection (5) applies if more than one bid has been submitted,
(a) at the lowest bid price (Auction Class 1) for Auction Class 1 emission allowances; or
(b) at the lowest bid price (Auction Class 2) for Auction Class 2 emission allowances.
(5) If the total quantity of emission allowances bid upon at a bid price mentioned in clause
(4) (a) or (b) is greater than the quantity of emission allowances available at that bid price, the
Minister shall divide the remaining emission allowances available at that bid price between the
participants who submitted the bids at that bid price, in accordance with the following steps:
35
1. Divide the quantity of emission allowances bid upon by each participant at that bid
price by the total quantity of emission allowances that were bid upon at that bid price.
This is the participant’s share of the emission allowances.
2. Multiply each participant’s share determined under paragraph 1 by the quantity of
emission allowances remaining, rounding down to the nearest whole number. This is
the number of emission allowances to be distributed to the participant.
3. If any emission allowances remain after carrying out the steps under paragraphs 1 and
2, distribute the remaining emission allowances as follows:
i. Assign a random number to each participant who submitted a bid at the
applicable lowest bid price.
ii. Distribute one emission allowance at a time to the participants in ascending
order by the random number assigned, until no more of the emission
allowances available at that bid price remain.
(6) The Minister shall sell each emission allowance in respect of which a bid has been
accepted at the lowest bid price (Auction Class 1) or at the lowest bid price (Auction Class 2), as
the case may be.
BIDDING IN SALES
Permission to bid in sales
55. (1) A capped participant may apply to the Minister for permission to bid on emission
allowances offered for sale under section 37 by submitting the following information to the
Minister:
1. The information set out in paragraphs 1 to 4 of subsection 43 (1).
2. The participant’s compliance account number.
3. The percentage of the holding limit allotted to the participant in accordance with
section 21, if applicable.
(2) Subject to subsection (3), upon receiving an application from a capped participant that
meets the requirements set out in subsection (1), the Minister shall permit the capped participant
to bid in sales.
(3) The Minister shall refuse to give permission to bid in sales if any of the following
circumstances apply:
1. The person has given false or misleading information in the application.
36
2. The participant has failed to disclose information required under subsection (1).
3. The person’s registration or account is subject to conditions imposed by the Director
that prohibit the person’s participation in sales or otherwise prevent emission
allowances or credits from being transferred to the person’s compliance account.
Suspension, revocation of permission
56. (1) The Minister may suspend permission to bid in sales if the circumstances described
in paragraph 3 of subsection 55 (3) apply.
(2) If a permission has been suspended, the Minister may reinstate the permission once the
circumstances described in paragraph 3 of subsection 55 (3) no longer apply.
(3) The Minister may revoke permission to bid in sales if the Minister becomes aware that
the participant has given false or misleading information in the application for permission or if
the participant has failed to comply with section 46 or 57 of this Regulation or section 28 of the
Act or failed to disclose information required by this Regulation.
(4) If the Minister receives notice from a participant who has been authorized to bid in sales
that the participant no longer wishes to bid in sales, the Minister shall revoke the permission.
Criteria to be met before each sale
57. (1) Subject to subsection (3), only a capped participant who meets the following criteria
may bid in a sale held by the Minister:
1. The person has been a capped participant for at least 40 days before the sale.
2. The person has permission under section 55 to bid in sales held by the Minister.
3. The person has given the Minister notice of the person’s intention to bid in the sale at
least 40 days before the sale.
4. The participant has given financial assurance to the Minister at least 12 days before
the sale.
5. On the day of the sale, the participant does not hold any emission allowances in the
participant’s holding account that can be submitted for the current compliance period.
(2) For the purposes of paragraph 3 of subsection (1), the notice shall be in the form
approved by the Minister and shall include any updates to the information given as part of the
application under section 55.
37
(3) If the information submitted under paragraph 3 of subsection 55 (1) as part of a
participant’s application for permission to bid in sales changes during the period beginning 39
days before the sale and ending on the day of the sale, the person is not permitted to bid in the
sale.
ADMINISTRATION OF SALE
Lots
58. The Minister shall divide Ontario emission allowances that are to be offered for sale
under section 37 into lots in accordance with the following rules:
1. Each lot, other than the final lot, shall consist of 1,000 Ontario emission allowances of
the same category.
2. The final lot may consist of fewer than 1,000 Ontario emission allowances if fewer
than 1,000 Ontario emission allowances remain once all other allowances have been
divided into lots of 1,000.
Price
59. (1) The price of an Ontario emission allowance classified as Category A in 2017 is
determined by applying the following formula:
P2017 = A × (1 + 0.05 + Ir)
Where,
P2017 = the price for a Category A allowance in 2017,
A = [MOECC Note: Sale price posted by Quebec for a reserve emission unit in
Category A in 2016; this will be a dollar value],
Ir = the average Consumer Price Index for Ontario for the 12-month period ending
on September 30, 2016, as published by Statistics Canada under the Statistics Act
(Canada).
(2) The price of an Ontario emission allowance classified as Category B in 2017 is
determined by applying the following formula:
P2017 = B × (1 + 0.05 + Ir)
Where,
P2017 = the price for a Category B allowance in 2017,
38
B = [MOECC Note: Sale price posted by Quebec for a reserve emission unit in
Category B in 2016; this will be a dollar value],
Ir = the average Consumer Price Index for Ontario for the 12-month period ending
on September 30, 2016, as published by Statistics Canada under the Statistics Act
(Canada).
(3) The price of an Ontario emission allowance classified as Category C in 2017 is
determined by applying the following formula:
P2017 = C × (1 + 0.05 + Ir)
Where,
P2017 = the price for a Category C allowance in 2017,
C = [MOECC Note: Sale price posted by Quebec for a reserve emission unit in
Category C in 2016; this will be a dollar value],
Ir = the average Consumer Price Index for Ontario for the 12-month period ending
on September 30, 2016, as published by Statistics Canada under the Statistics Act
(Canada).
(4) The price of an Ontario emission allowance classified as Category A, B or C in each
year after 2017 is determined by applying the following formula:
Py = P(y-1) × (1 + 0.05 + Ir)
Where,
Py = the price for an emission allowance of the relevant category in year y,
P(y-1) = the price for an emission allowance of the relevant category in the year
immediately preceding year y,
Ir = the average Consumer Price Index for Ontario for the 12-month period ending on
September 30th of the year immediately preceding year y, as published by Statistics
Canada under the Statistics Act (Canada).
Bids in excess of holding limit
60. (1) After the period of time for bidding has concluded, the Minister shall, in the
circumstances described in subsection (2), reject bids or portions of bids of a participant, starting
with the participant’s lowest bid price and continuing in increasing order by bid price.
39
(2) The Minister shall reject bids or portions of bids under subsection (1) if acceptance of all
of the participant’s bids would result in contravention of a limit under section 21.
(3) The Minister shall reject bids or portions of bids under subsection (1) until the total of
the participant’s bids remaining would, if accepted, not result in contravention of the limit under
section 21.
Determination of actual maximum bid value
61. (1) Before accepting any bids, the Minister shall determine whether each participant’s
actual maximum bid value, as determined under subsection (2), is greater than or equal to the
participant’s financial assurance.
(2) The participant’s actual maximum bid value is determined as follows:
1. For each bid price included in the participant’s bids, multiply the bid price by the
number of emission allowances that the participant proposes to purchase at that bid
price or at a higher bid price.
2. The highest value calculated under paragraph 1 is the actual maximum bid value.
Maximum bid value in excess of financial assurance
62. If the actual maximum bid value of a participant’s bids exceeds the value of the
participant’s financial assurance, the Minister shall remove from the participant’s bids enough
lots such that the remaining bids would not result in the actual maximum bid value exceeding
the value of the financial assurance.
Acceptance of bids
63. (1) The Minister shall accept bids that have not been rejected under section 60 for each
category in accordance with this section, dealing with each category of emission allowances in
the following order: Category A, Category B, Category C.
(2) If the total quantity of emission allowances bid upon in a category is equal to or less than
the quantity of emission allowances of that category available, then the Minister shall distribute
the emission allowances of that category in accordance with the bids.
(3) If the total quantity of emission allowances bid upon in a category is in excess of the
quantity of emission allowances of that category available, then the Minister shall distribute the
emission allowances of that category in accordance with the following steps:
1. Divide the quantity of emission allowances of the category bid upon by each
participant by the total quantity of emission allowances of that category available.
This is the participant’s share of the emission allowances of that category.
40
2. Multiply each participant’s share determined under paragraph 1 by the quantity of
emission allowances of the category available, rounding down to the nearest whole
number. This is the number of emission allowances to be distributed to the
participant.
3. If any emission allowances remain after carrying out the steps under paragraph 1 and
2, distribute the remaining emission allowances as follows:
i. Assign a random number to each participant who submitted a bid for emission
allowances of the category.
ii. Distribute one emission allowance at a time to the participants in ascending
order by the random number assigned, until no more emission allowances of
the category remain.
MISCELLANEOUS
Retention of records
64. A registered participant shall keep all records created by the participant relating to the
following matters in a paper or electronic format for a period of at least seven years after the
records were created.
1. Transactions in the cap and trade program.
2. Ontario early reduction credits. [MOECC Note: See Appendix for further
information on early reduction credits]
3. Offset initiatives and offset credits.
4. Designation of account agents.
Forms
65. (1) In this Regulation, if a record is required to be given or submitted, other than a
record required to be given or submitted by the Director, the record shall be submitted in a form
provided by or approved by the Director and in a manner approved by the Director.
(2) The Director may require that a record that is given to the Director under this Regulation
be given in an electronic format specified by the Director.
41
Appendix to the Draft Cap and Trade Regulation
Notes: Certain capped participants will be eligible to apply for emission allowances that
may be used to meet their compliance obligations.
It is proposed that the number of allowances that an eligible capped participant receives
free of charge in the first compliance period (i.e., 2017-2020) will be based on the
approach in this document. In the first compliance period, many of the allowances
required by large emitters in Ontario will be distributed free of charge. This is a
temporary measure, meant to reflect both the need for Ontario facilities to transition to an
environment where emitting GHGs carries a cost they must bear, and also to protect
against carbon leakage (i.e., the movement of production to jurisdictions that have not
implemented carbon policies). In future compliance periods, it is envisioned that fewer
allowances would be distributed free of charge as Ontario facilities make the adjustment
to carbon pricing.
This Appendix contains policy proposals on two key elements of Ontario’s proposed cap
and trade program: allocations and early reduction credits. Complementary changes that
are being proposed to the reporting regulation and incorporated guideline to support the
proposed implementation of the cap and trade program are also included. The
information in this Appendix should be read in conjunction with the draft cap and trade
regulation which has been posted to the Environment Registry. Following the 45-day
consultation period, comments received will be considered and the content of this
document, including the grey shaded boxes in the draft regulation, is proposed to be
revised accordingly and integrated into a final cap and trade regulation.
Appendix to the Draft Cap and Trade Regulation
42
Appendix Table of Contents
A.1
Eligibility for Free Allocation ................................................................................. 44
A.2
How to Apply for Allowances................................................................................. 44
A.2.1
How will free allowances be allocated? ........................................................... 46
A.2.2
How to determine product output benchmark fixed process allocation (Bbpt) . 49
A.2.3
How to determine product-output benchmark combustion allocation (Bbct).... 49
A.2.4 How to determine energy use allocation (Bet) and biomass allocation for nonCO2 emissions (Bbiot) ..................................................................................................... 50
A.2.4.1
Energy input used to determine useful thermal energy (EIcogen_heat) .......... 51
A.2.4.2
Eligible Energy Input ................................................................................. 52
A.2.5
Determining History Based Allocations (Bhpt, Bhct) ......................................... 53
A.2.5.1
Historical Emissions-Based Fixed Allocation ........................................... 53
A.2.5.2
Historical Intensity-Based Allocation........................................................ 53
A.2.6
Production Adjustment Factor (Badj_t) .............................................................. 54
A.2.6.1
A.2.7
Shutdown ................................................................................................... 55
Allocation for Voluntary Participant ................................................................ 56
A.2.8
Allocation for New Facilities ........................................................................ 56
A.3
Director’s Authority to Adjust Allocations ............................................................. 57
A.4
Early Reduction Credits .......................................................................................... 57
A.4.1
Background ....................................................................................................... 57
A.4.2
Eligible Emissions for Early Reduction Credits ............................................... 57
A.4.3
Application for Early Reduction Credits .......................................................... 58
A.4.4 Reduction Period and Reference Period for Creation of Early Reduction
Credits 59
A.4.5
Eligibility Conditions for Creating Early Reduction Credits ........................... 59
A.4.6
Calculating Average Intensity of Eligible Emissions ....................................... 60
A.4.6.1
Period
Calculation of Average Intensity of Eligible Emissions During Reduction
.................................................................................................................... 60
A.4.6.2
Period
Calculation of Average Intensity of Eligible Emissions During Reference
.................................................................................................................... 61
Appendix to the Draft Cap and Trade Regulation
43
A.4.7
Limit for Individual Facility ............................................................................. 61
A.4.7.1
Formula for Calculating Limit ................................................................... 61
A.4.7.2
Determining Pj ........................................................................................... 62
A.5
Complementary Reporting Changes ....................................................................... 62
A.6
Definitions ............................................................................................................... 63
Schedule 1: Equations for use under Section A.4.7 .......................................................... 65
Table 1: Product Output Benchmarks ............................................................................... 67
Table 2: Historical Facility Intensity (2017-2020) ............................................................ 68
Table 3: Historical Emissions-Based Fixed Process Allocation (Bhp) and Combustion
Allocation (Bhc).................................................................................................................. 71
Table 4: Direct Allocations ............................................................................................... 72
Table 5: Cap Adjustment Factor ........................................................................................ 74
Appendix to the Draft Cap and Trade Regulation
44
A.1 Eligibility for Free Allocation
Certain capped participants that have to report and verify their emissions under O. Reg.
452/09 Greenhouse Gas Emissions Reporting may apply to receive allowances free of
charge for emissions due to activities listed in Table 2 of the Reporting Regulation.
Please refer to the draft cap and trade regulation for more details about which facilities
are expected to be mandatory participants under the cap and trade program.
Emissions from certain types of operations and activities will not be eligible to receive
allowances free of charge including:
 A facility that meets the following criteria:
a) Electricity generation within the meaning of the Reporting Regulation is the
primary activity engaged in at the facility;
b) No products are produced at the facility other than electricity, useful thermal
energy or by-product gas; and
c) No electricity is generated at the facility from the incineration of waste.
 Energy use reported under general stationary combustion for the operation of
equipment related to natural gas as described in Table 2 of O. Reg. 452/09.
 Petroleum product suppliers, natural gas distributors and electricity importers
reporting under the other activities categories of O. Reg. 452/09.
 Activities associated with reporting only emissions listed in Section 7.3(2) para 1
of O. Reg. 452/09. (e.g., coal storage).
 Activities associated with the operation of equipment for a transmission system or
a distribution system (electricity) as described in Table 2 of O. Reg. 452/09.
New facilities (see Section A.2.8 for definition) do not have a compliance obligation in
the first two years of operation and will not be eligible to apply for allowances for those
two years.
A.2 How to Apply for Allowances
An eligible capped participant may submit an application to the Director for free
emission allowances for a budget year. Budget year means the calendar year for which
the Minister will create Ontario emission allowances under Section 34 of the draft cap
and trade regulation.
Appendix to the Draft Cap and Trade Regulation
45
Applicants will be required to indicate their facility information (e.g., GHG ID, company
name, sector classification, location) and detailed production, process and emissions data
needed to apply the calculations described in Section A.2.1 of this document.
The director may reject an application where the information provided is incomplete or
false.
Applications would be due on or before September 1 of the year before the budget year
(e.g. facilities submit application on September 1, 2016 for budget year 2017
allowances).
The Director will deposit allowances into the holding accounts of the successful
applicants by January 15 of the budget year for the first compliance period (e.g.,
allowances for budget year 2017 will be deposited into facilities’ holding accounts by
January 15, 2017).
In 2021 only (i.e., the compliance year for the first compliance period), allowances for
the 2022 budget year will be deposited by October 24 of 2021 into the holding account of
the applicant. For the years after 2021, allowances will be deposited by January 15 of the
budget year. (e.g., allowances for budget year 2023 will be deposited into facilities’
holding accounts by January 15, 2023).
Director may consider four types of allocation methods for facilities eligible for free
emission allowance allocation. The eligible capped emitter must provide all the
information needed to the Director to allow for the evaluation and determination of which
type of allocation method or methods will be applicable for each facility.
(A) Product output benchmark allocation
Emission allowances will be allocated on the basis of this method to a capped participant
that owns or operates a facility which produces a product that has a product output
benchmark listed in Table 1.
(B) Energy use-based allocation
Emission allowances will be allocated on the basis of energy used at the facility.
Facilities that use energy in certain processes, operations or activities are not eligible to
apply for this type of allocation. The complete list and details of exclusions are provided
in the section on energy use based allocation (Section A.2.4.2).
(C) History-based allocation
Under this approach, allowance allocations will be based on historical emissions or
historical emissions intensity of the facility. Owners or operators of the facilities
receiving free allowances under this approach will not be able to apply for an allocation
Appendix to the Draft Cap and Trade Regulation
46
for free emission allowances for those facilities under either the product output
benchmark, the direct allocation or the energy use-based method for sources that have
already been allocated allowances under the history based allocation.
(D)
Direct allocation method
Sources in respect of which free emission allowances will be allocated under this
approach are identified in Table 4. Allocations to these facilities will be based on
emissions reported for the source under O. Reg. 452/09.
A.2.1 How will free allowances be allocated?
Allocations of emission allowances are based on the following general equations.
Capped participants applying for free emission allowances shall submit an application, in
a form approved by the Director, which includes the information required to complete the
following general equation.
At = Bt+ Badj_t
Where:
At = total number of allowances that a facility will receive for the budget year “t”
Bt= total number of allowances for a facility for budget year “t” without production
adjustments
Badj_t=total production adjustment allowances for a facility for the budget year “t”
Where:
t
=
the budget year for the allowances, (e.g., allowances for the 2017 year)
AFt = assistance factor for budget year “t”
AFt is equal to 1in the first compliance period (2017-2020).
Following are definitions of the terms included in the four allocation methods:
Bbpt = product output benchmark fixed process allocation value for budget year “t”
Appendix to the Draft Cap and Trade Regulation
47
Bbpt is the base number of free emission allowances that may be allocated in
respect of a facility’s fixed process emissions for the budget year “t”. This number
will be determined based on a formula set out in Section A.2.2 of this document.
Bhpt = historical base fixed process allocation value for the budget year “t”
Bhpt is the base number of free emission allowances that may be allocated in
respect of a facility’s history based fixed process emissions for budget year “t”.
Allowances will be provided based on either historical fixed process emissions or
historical fixed process emissions intensity of the facility. The list of facilities that
may be eligible for allocations based on historical fixed process emissions and
historical emissions intensity are listed in Table 3 and Table 2 respectively of this
document.
Bdpt=Direct Allocation for fixed process emissions for the budget year “t”
Bdpt is the base number of free emission allowances that may be allocated in
respect of a facility’s fixed process emissions for the source for the budget year “t.
Allocation will be based on the facility fixed process emissions for the budget year
“t-2” reported for the source under O. Reg. 452/09. (See Table 4 for a list of
sources and facilities that may be allocated free emission allowances under the
approach).
Cpt = Cap Adjustment Factor for fixed process emissions for year t (see Table 5)
The cap adjustment factor will reduce the number of allowances available for free
allocation each year. For fixed process emissions, the cap adjustment factor will be
1 in each year from 2017 to 2020 inclusive. The cap adjustment factor is set at 1
to recognize the limited options available to reduce fixed emissions in the shortterm.
Bbct= product-output benchmark combustion allocation value for budget year “t”
Bbct is the base number of free emission allowances that may be allocated in
respect of a facility’s combustion emissions for the budget year “t”. The base
number of free emission allowances will be determined based on the calculations
set out in Section A.2.3.
Appendix to the Draft Cap and Trade Regulation
48
Bhct = historical base combustion allocation value for budget year “t”
Bhct is the base number of free emission allowances that may be allocated in
respect of a facility’s historical combustion emissions or historical combustion
emissions intensity. The list of facilities that may be eligible for allocations based
on historical combustion emissions and historical combustion emissions intensity
are listed in Table 3 and Table 2 respectively of this document.
Cct = Cap Adjustment Factor for combustion emissions for budget year “t”
The Cap Adjustment Factor for combustion emissions will decline every year
between 2017 and 2020 inclusive as listed in Table 5.
Bdct = Direct Allocation for combustion emissions
Bdct is the base number of free emission allowances for the budget year “t” that
may be allocated in respect of a facility’s combustion emissions. Facilities will be
allocated allowances based on their combustion emissions for the year “t-2” for
the source reported under O. Reg. 452/09 (see Table 4 for a list of sources and
facilities that may be allocated free emission allowances under the approach).
Ccdt= Cap Adjustment Factor for direct allocation for combustion emissions
The Ccdt values are listed in Table 4.
Bet = energy use allocation value for budget year “t”
Bet is the base number of free emission allowances for budget year “t” that may be
allocated in respect of a facility’s energy use determined based on the calculations
set out in Section A.2.4.
Bbiot = biomass allocation for non-CO2 emissions for budget year “t”
Bbiot is the base number of free emission allowances for budget year “t” for non-CO2
emissions from biomass use. Allocation will be based on facility’s methane and
nitrous oxide emissions associated with the use of biomass during the budget year
“t-2”. The base number of free emission allowances will be determined based the
calculations set out in Section A.2.4.
Appendix to the Draft Cap and Trade Regulation
49
Badj_t. is the number of free emission allowances allocated to account for changes (e.g.,
in production for products listed in Table 1) not properly accounted for in prior
allocations (see Section A.2.6 below). Badj_t. could be a positive or a negative number.
A.2.2 How to determine product output benchmark fixed process allocation
(Bbpt)
Bbpt will be determined based on the following equation:
Where:
Producti_t-2 is the amount of product i listed in Table 1 that is produced at a facility in the
budget year “t-2”. Within some manufacturing categories there may be more than one
type of product produced. For example, within the iron and steel manufacturing category
there might be two different products from process A (e.g., iron) and process B (e.g.,
steel). Thus, the “product” in this equation could be tonnes of iron or tonnes of steel.
BMp_i is the fixed process benchmark for a product as listed in Table 1. Every “product”
will have its own benchmark and is generally based on an average of fixed process
emissions per tonne of product within that sector.
A.2.3 How to determine product-output benchmark combustion allocation
(Bbct)
Bbct will be determined based on the following equation:
Where:
Producti_t-2 is the amount of Product (i) listed in Table 1 that is produced in the year “t-2”.
BMc_i is the combustion benchmark in year “t” for that product as listed in Table 1. Every
“product” will have its own benchmark and is generally based on an average of
combustion emissions per tonne of product within the sector.
Appendix to the Draft Cap and Trade Regulation
50
A.2.4 How to determine energy use allocation (Bet) and biomass allocation for
non-CO2 emissions (Bbiot)
Bet and Bbiot are determined using the following equations:
Where:
Bet
=
base energy use allocation value in budget year “t”
EInon_cogen =
eligible non-biomass energy input in budget year “t-2” not related to
operation of cogeneration system, expressed in GJ. (See Section A.2.4.2
for energy use applications which would not be eligible to receive
energy use allocation.)
EIcogen_heat =
Energy input in budget year “t-2” used for generating useful thermal
energy (e.g., steam) not used for producing electricity in the year
(expressed in GJ) calculated pursuant to the equation in Section
A.2.4.1.
0.049317 =
Emission factor for natural gas (tonnes CO2e/GJ) based on Ontario
emission factor
EIno_gas =
Energy input in budget year “t-2” for facilities that do not receive
natural gas through a pipeline (expressed in GJ)
EFfuel =
Fuel specific emission factors in budget year “t-2” for fuels used at
facilities that do not receive natural gas through a pipeline (expressed as
tonnes CO2e per GJ) as set out in Tables 20-1a, 20-2, 20-3, 20-4, 20-5
and 20-6 in the O. Reg. 452/09 reporting Guideline
Heatimported =
Thermal steam energy imported by the facility from a 3rd party in the
year “t-2” (expressed in GJ)
NBF =
Fraction of energy input from non-biomass fuel used in the cogeneration
unit in the year t-2 unit (expressed in GJ/GJ)
Appendix to the Draft Cap and Trade Regulation
51
0.061646 =
Natural gas emission factor based on a boiler operating at 80%
efficiency (0.049317/0.8) (allowances/GJ of useful thermal energy)
where 0.049317 is the emissions factor for natural gas based on
Ontario emissions factor
Bbiot =
biomass allocation for non CO2 emissions for budget year “t”
EIbiomass_i =
Total energy input from biomass used anywhere at the facility in year
“t-2” (expressed in GJ)
EFbiomass_CH4_i = Fuel-specific emission factor for CH4 for year “t-2”(tonnes per GJ) (set
out in ON.20 in O. Reg. 452/09 Guideline)
EFbiomass_N2O_i = Fuel-specific emission factor for N2O for year “t-2”(tonnes per GJ) (set
out in ON.20 in O. Reg. 452/09 Guideline)
A.2.4.1
Energy Input Used to Determine Useful Thermal Energy (EIcogen_heat)
A.2.4.1.1 Subject to A.2.4.1.2 and A.2.4.1.3, InterimEIcogen_heat is determined using the
following calculations:
Where:
InterimEIcogen_heat
= Energy input used for generating useful thermal output (e.g.,
steam) in the year “t-2” (expressed in GJ)
EItotal_cogen
= Total energy input (including biomass) to the cogeneration system in the
year “t-2” (expressed in GJ)
Heatcogen
= Total useful thermal output from the cogeneration system in the year “t2” (e.g., steam excluding electricity) (expressed in GJ). Useful thermal
output is as defined in the Guideline incorporated under O.Reg. 452/09
Energyelectricity= Total electricity output from the cogeneration system in year “t-2”
(expressed in GJ)
A.2.4.1.2 If InterimEIcogen_heat is less than the total fossil fuel input into the cogeneration
system in year t-2, then EIcogen_heat is equal to the InterimEIcogen_heat that is calculated
using the formula above.
Appendix to the Draft Cap and Trade Regulation
52
A2.4.1.3 If InterimEIcogen_heat is greater than total fossil fuel input into the cogeneration
system in year t-2, then EIcogen_heat is equal to total fossil fuel input into the cogeneration
system.
A.2.4.2
Eligible Energy Input
Facilities can apply for energy use allocation based on energy used at the site, except for
the energy used in the following types of processes, operations or sources.




Energy used for the production of products that have product based benchmarks
(set out in Table 1);
Energy used in facilities listed in Table 4(with the exception noted below);
Energy used at sources in facilities with historical facility intensity (set out in
Table 2); or
Energy used at facilities listed in Table 3.
The detailed list of energy uses, the emissions from which are not eligible to receive
energy use allocation are as follows:












Coal used in a coke oven to produce coke;
Coal, coke and other carbon material injected directly into the blast furnace as a
reductant (excluding any fuels that are used in the hot blast stoves);
Coke oven gas and blast furnace gas used in any process, including electricity
generation;
Carbon removed from the iron in a basic oxygen furnace;
Electrodes consumed, coal or coke or other carbon material injected directly into
the electric arc furnace, natural gas used for shell cooling (excluding fuel used for
oxyfuel firing);
Fuel used to produce clinker from a cement kiln;
Fuel used to produce lime products from a lime kiln (that is not located at a facility
that produces both pulp and paper);
Feedstock and fuels used at a facility to produce carbon black;
Fuel used at a facility that produces beer;
Feedstock and fuels used in the processes to produce ammonia, or nitric acid;
Feedstock and fuels used in the processes to produce hydrogen from steam
methane reforming;
Any crude oil, feedstock, coke, refinery fuel gas, vent gas, flare gas, and any fuels
used in a petroleum refinery process that is receiving allowances using a refinery
complexity weight barrel benchmark;
Appendix to the Draft Cap and Trade Regulation
53




Any feedstock and fuels used at a facility that produces ethylene at an ethylene
cracker, and other chemicals other than ethylene;
Feedstock and fuels used at a facility to produce styrene;
Fuel used at institutions, energy from waste facilities listed in Table 4;
Fuel used at any facility listed in Tables 2, 3 and 4 except for fuel that is not
feedstock or fuel which is directly associated with the operation of either the
ammonia facility (both for fixed process and combustion), or the nitric acid
facility at CF industries, Courtright Nitrogen complex.
Any capped participant is eligible to apply for allowances for steam imports. This
includes any facility that is receiving free allowances from any other type of allocation
method (e.g., product output benchmark, history-based allocation, direct allocation).
A.2.5 Determining History Based Allocations (Bhpt, Bhct)
This approach provides an allocation free of charge based on either the historical average
emissions for a facility or a facility specific emissions intensity that is based on historical
emissions per tonne of product.
A.2.5.1
Historical Emissions-Based Fixed Allocation
The list of facilities eligible to apply for allowances based on the historical emissionsbased fixed allocation along with the basis for how the allocation was determined is set
out in Table 3.
A.2.5.2
Historical Intensity-Based Allocation
Facilities eligible for free emission allowances based on historical intensity allocation are
listed in Table 2. Allocation (Bhpt) will be determined as the product of the facility’s
historical intensity (i.e. historical emissions per production of a tonne of product) and the
product produced based on the equation below. A facility may produce one or more
products.
The historical intensity fixed process allocation is calculated as follows:
Where:
Bhpt is the facility base allocation for fixed process emissions.
Producti_t-2 is the amount of a given product i produced in the year “t-2”.
Appendix to the Draft Cap and Trade Regulation
54
EIp_i is the historical fixed process emissions intensity for product i produced by the
facility listed in Table 3.
The historical intensity combustion allocation is calculated as follows:
Where:
Bhct is the facility base allocation for combustion emissions.
Producti_t-2 is the amount of product i produced in the year “t-2”.
EIc_i is the historical combustion emissions intensity for product i produced by the
facility listed in Table 3.
A.2.6 Production Adjustment Factor (Badj_t)
The production adjustment factor is the number of allowances allocated to facilities to
account for changes (e.g., in production for products listed in Table 1) not properly
accounted for in prior allocations. This value shall be calculated where the entity was
covered under the Cap-and-Trade Program in year “t-2” (i.e., starting in 2018 for
allocations for budget year 2019).
For example, a facility eligible for free allowances would submit an application for 2019
emission allowances on or before September 1, 2018 that includes their production and
energy use data for 2017 because their 2018 data has not been reported yet. The 2017
data is used to calculate allowance allocation. The assistance factor and the cap
adjustment factor for the year 2019 will be used to determine the allocations for 2019.
When the 2019 data becomes available in 2020, the allocation for 2019 that was
previously made based on 2017 data (depending on the allocation method used for the
facility) will be adjusted. The number of allowances that were received for budget year
2019 (based on 2017 production and energy use data) are then subtracted from the
allocation based on the actual 2019 data to give Badj_t. The resulting Badj_t. could be
positive or negative.
The Badj_t is calculated as follows.
Where:
Badj_t = production adjustment allowances for the budget year “t” (allowances)
Appendix to the Draft Cap and Trade Regulation
55
AFt-2 = Assistance factor for the budget year “t-2”
Cp_t-2 = Cap Adjustment Factor for fixed process emissions for budget year “t-2” (see
Table 5)
Cc_t-2 = Cap Adjustment Factor for combustion emissions for budget year “t-2” (see Table
5)
Ccd_t-2 = Cap Adjustment Factor for combustion emissions for facilities with direct
allocations for the budget year “t-2”as listed in Table 4
Bt-2
= the number of allowances that were provided to the facility for the budget year
“t-2” not including the production adjustment allowances for that budget year
All other parameters are as described in Sections A.2.1 to 2.5 of this policy proposal.
Badj_t term does not apply to facilities listed in Table 3 of this policy proposal and hence
no such calculation will be made for those facilities.
Facility with production adjustment allowances from budget year “t” shall be allowed to
be use up to that amount for compliance for budget year “t-2” (e.g., production
adjustments allowances for the budget year 2022 can be used in the compliance year
2021).
A.2.6.1
Shutdown
In the calendar year following a permanent shut down of the facility (i.e., person ceases
to engage in the activity as per O. Reg. 452/09), the capped participant would not be
eligible to apply for allowances under “Bt” of Section A.2.1 in the document, that is the
allowances for a facility for budget year “t” that does not include production adjustments.
A facility must apply for a production adjustment in the year after the shutdown. If the
production adjustment value is positive, the calculated production adjustment amount
will be allocated to the facility. If the production adjustment value is negative, the facility
shall return to the Minister the number of allowances equal to the negative amount. The
Minister will auction the returned allowances. The allowances required to be returned
must be of a vintage eligible for use in the compliance period. If a facility does not return
the allowances by the deadline specified by Minister, the allowances will be deducted
from the facility’s holding account. In a situation where there are insufficient allowances
in the holding account, the 3:1 requirement (facility required to retire three additional
allowances for everyone it was short) will apply to the shortfall.
Appendix to the Draft Cap and Trade Regulation
56
A.2.7 Allocation for Voluntary Participant
A voluntary participant (i.e., facility that decides to opt-in) that is eligible to receive free
allowances (see Section A.1) will be allocated allowances based on the following
hierarchy of allocation methods:
a) Product output benchmark: If the facility produces a product for which a
benchmark is included in Table 1, the facility will be allocated allowances based
on that benchmark.
b) Energy-use based allocation: If the facility produces a product for which no
benchmark in included in Table 1, the facility will be allocated allowances based
on the energy use allocation method.
Applications for allowances for voluntary participants will have to be submitted by
September 1 of the year before each budget year for which the voluntary participant is
seeking an allocation.
Facilities will be required to have an authorized person sign off on the application for
allowances for the first two years. For the budget year 2019 the application will have to
be based on verified data submitted through O. Reg. 452/09.
A.2.8 Allocation for New Facilities
New facilities will have a compliance obligation starting in their third year of operation.
New facility is defined as:
a) any existing facility with emissions that has to be verified and is 25,000 tonnes of
CO2e or more for the first time in or after 2017;
b) any facility that begins operations on January 1, 2016 or later and that has annual
emissions that have to be verified and is 25,000 of CO2e tonnes or more per year.
The new facilities will not be eligible for free allocation for the first two years of their
operation.
For the third year in operation, new facilities with annual emissions equal to or greater
than 25,000 of CO2e tonnes per year would be allocated allowances based on the
following hierarchy of methods:
a) Product output benchmark: If the facility produces a product for which a
benchmark is included in Table 1, the facility will be allocated allowances based
on that benchmark.
b) Energy-use based allocation: If the facility produces a product for which no
benchmark in included in Table 1, the facility will be allocated allowances based
on the energy use allocation method.
Appendix to the Draft Cap and Trade Regulation
57
The Ministry is considering implementing an approach to develop facility specific
intensity allocation in the future for new facilities, where there are no applicable productoutput benchmarks and there are significant fixed process emissions.
A.3 Director’s Authority to Adjust Allocations
If a facility receives an adverse verification statement or does not submit an emissions
report, the Director can assign a value for the purpose of allocation calculations and
submission of allowances in respect of emissions or other parameters.
Where a capped participant who is eligible for free allocations fails to submit all of the
required emission allowances and credits on or before the prescribed deadline the
Director may also reduce the free allocations available to the capped participant by the
amount of the shortfall.
A.4 Early Reduction Credits
A.4.1 Background
Certain capped participants will be eligible to apply for early reduction credits that may
be used the same way that Ontario allowances can be used pursuant to the regulation.
Early reduction credits (ERCs) are in addition to the emissions allowances created by the
Minister under Section 34 of the draft cap and trade regulation.
The number of allowances that an eligible capped participant receives will be based on
the proposed approach in this Appendix.
There will be a maximum of two million ERCs available for distribution. If applications
for ERCs exceed the amount available they will be distributed on a pro rata basis. If the
applications for ERCs total less than two million, only the amount requested will be
created and distributed, subject to meeting the criteria below.
A.4.2 Eligible Emissions for Early Reduction Credits
Early reduction credits are expected to be available for demonstrated reductions in
eligible GHG emissions. GHG emissions are “eligible emissions” for the purposes of an
application for Ontario early reduction credits if the emissions are:
a) reported and verified under O. Reg. 452/09;
b) the type of emissions that would be eligible for free allocation; and
c) not emitted from a facility that is eligible for free allocation under the productoutput benchmarking approach.
Appendix to the Draft Cap and Trade Regulation
58
A.4.3 Application for Early Reduction Credits
Capped participants that have “eligible emissions” as defined under Section A.4.2 must
submit an application to the Director by June 1, 2017.
An application for early reduction credits shall include the following information:
a) The name, contact information and holding account number of the applicant.
b) A description of the “eligible emissions” at the facility during the reduction
period.
c) A description of the actions taken to achieve the reduction of eligible emissions
that is being claimed for the purposes of applying for early reduction credits and
the dates that the reduction occurred.
d) Documentation demonstrating that the reduction of eligible emissions meets the
criteria set out in Sections A.4.2, A.4.4 and A.4.5 of this document.
Documentation must be adequate for a review by an accredited verification body
(see subsection (f)).
e) The amount of the reduction of eligible emissions that occurred, expressed in
tonnes of carbon dioxide equivalent calculated using one of the following
methods as they apply to the eligible emissions:
1. The relevant standard quantification method under O. Reg.452/09;
2. a mass balance calculation method; or
3. a method recognized by the industry and meeting the requirements of the ISO
14064-2 standard.
f) A verification report prepared by an accredited verification body (as defined in the
GHG Reporting Regulation) in accordance with ISO 14064-3.
g) Information needed to calculate the maximum quantity of early reduction credits.
h) A statement signed and dated by an individual who is authorized by the person
mentioned in Section 7(1) of O. Reg. 452/09 to sign on behalf of the person,
certifying that:
1. The individual has examined the application to ensure that it is complete
and accurate, and
Appendix to the Draft Cap and Trade Regulation
59
2. The application has been prepared in accordance with the Cap and Trade
Regulation and the statements and information contained in the application
are true and fair to the best of the individual’s knowledge.
The Director may reject an application where the information provided is incomplete or
false. If successful on the application, the emission allowances will be deposited into the
holding account of the applicant by June 1, 2018.
A.4.4 Reduction Period and Reference Period for Creation of Early Reduction
Credits
ERCs will only be awarded for reductions of eligible emissions during the reduction
period. The reduction period is between January 1, 2012 and December 31, 2015.
Reductions will be calculated based on the “reference period” which is the average
annual emissions at the participant’s facility from January 1, 2009 to December 31, 2011
inclusive.
A.4.5 Eligibility Conditions for Creating Early Reduction Credits
To be eligible for Early Reduction Credits the following criteria must be met:
 The reduction was achieved during the reduction period.
 The annual average of eligible emissions at the facility during the reduction period
is lower than the annual average of eligible emissions at the facility during the
reference period.
 The average intensity of eligible emissions at the facility during the reduction
period, is lower than the average intensity of eligible emissions at the facility
during the reference period as calculated using the equations below.
 An attestation that the applicant has legal ownership of the emission reductions
being claimed from the project.
 Reductions are calculated using the same calculation method and the same factors
for all years 2009 to 2015 in which the reductions are being claimed.
 The reduction must not have been achieved as a result any of the following:
a)
Actions that were required to be taken as a result of legislative or
regulatory provision;
b)
The closure of a facility or a part of a facility;
c)
A decrease in production at a facility;
Appendix to the Draft Cap and Trade Regulation
60
d)
Moving operations from one facility to another facility; or
e)
Actions that were taken as part of a project that was credited or financed
in whole or in part by another cap and trade or GHG reduction program
or project.
 Reductions are permanent and irreversible; projects which sequester carbon that
could be later released to the atmosphere will not be considered for early reduction
credits.
 If the emissions reduction is achieved as a result of the substitution of a fuel with a
replacement fuel at the facility:
a)
The average price paid for the replacement fuel during the reduction
period must have been higher than the average cost of the fuel that was
substituted during the same period; and
b)
The person must have paid for the modification or replacement of
equipment at the facility in order to use the replacement fuel during the
reduction period.
A.4.6 Calculating Average Intensity of Eligible Emissions
A.4.6.1
Calculation of Average Intensity of Eligible Emissions During
Reduction Period
The average intensity of eligible emissions during the reduction period shall be calculated
by applying the following formula.
Where:
I Reduction j = the average intensity of eligible emissions for production unit j as approved
by the Director during the reduction period
j = production unit as approved by the Director
i = year
n = the first year of the reduction period
GHGij = eligible GHG emissions of the facility, relating to the production unit j for year i,
in tonnes of CO2 equivalent
Appendix to the Draft Cap and Trade Regulation
61
Pij = the annual quantity of production unit j as approved by the Director and produced by
the facility for the year i
A.4.6.2
Calculation of Average Intensity of Eligible Emissions During
Reference Period
The average intensity of eligible emissions during the reference period shall be calculated
by applying the following formula:
Where:
I Reference j = the average intensity of eligible emissions for production unit j as approved
by the Director during the reference period
j = production unit as approved by the Director
I = year
GHGij = eligible GHG emissions of the facility, relating to the production unit j for year
I, in tonnes of CO2 equivalent
Pij = the annual quantity of production unit j, as approved by the Director, produced by
the facility for the year i
A.4.7 Limit for Individual Facility
A.4.7.1
Formula for Calculating Limit
The maximum number of early reduction credits that may be awarded in respect of the
reduction of eligible emissions at a single facility is determined by applying the following
formula:
Where:
ERCmax
= the maximum number of Ontario early reduction credits that may be
created in respect of the reduction of eligible emissions at a single facility
NY
= the number of calendar years included in the reduction period
Appendix to the Draft Cap and Trade Regulation
62
K
= the total number of production units at the facility
J
= production unit as approved by the Director
EReference (j)
= the average annual eligible emissions from the production of production
unit j during the reference period, calculated using Equation 1 of Schedule
1, expressed in tonnes of carbon dioxide equivalent
E Reduction (j)
= the average annual eligible emissions from the production of production
unit j during the reduction period, calculated using Equation 2 of Schedule
1, expressed in tonnes of carbon dioxide equivalent
Pj
= the value determined under Section A.4.7.2
A.4.7.2
Determining Pj
For the purposes of Section A.4.7.1, Pj has a value of 1 if the average annual quantity of
production units j produced during the reference period, calculated using Equation 3 of
Schedule 1, is less than or equal to the average annual quantity of production units j
produced during the reduction period, calculated using Equation 4 of Schedule 1.
Pj shall be determined by dividing the result of Equation 4 of Schedule 1 by the result of
Equation 3 of Schedule 1, if the average annual quantity of production units j produced
during the reference period, calculated using Equation 3 of Schedule 1, is more than to
the average annual quantity of production units j produced during the reduction period,
calculated using Equation 4 of Schedule 1.
A.5 Complementary Reporting Changes
The Ministry is proposing complementary changes to the reporting regulation and
incorporated guideline to support the implementation of the cap and trade programs. The
proposed changes include:
a) Collection of additional product, process and energy use information to support
the calculations for free allowance allocations (e.g., refinery data );
b) General requirement for measurement of certain parameters required to support
the calculations for free allowances, with an accuracy requirement of 5%;
c) Reporting and verification for voluntarily participants;
d) Revisions to the regulation and calculation methods in the Guideline to estimate
emissions from electricity importation; and
e) Refinements of the Guideline to:
Appendix to the Draft Cap and Trade Regulation
63
1. Clarify requirements for petroleum product supply and introduce the use of
an attestation form;
2. Introduce default emission factors for calculating emissions from electricity
importation; and
3. Refine reporting of different types of biomass used in a facility.
A.6 Definitions
“accredited verification body” means a verification body that is accredited to ISO 14065
by a member of the International Accreditation Forum;
“ammonia” means ammonia produced by the ammonia production activity as defined in
O.Reg. 452/09;
“Beer” means beer produced at the facility through fermentation with yeast;
“BOF steel” means steel produced from the a basic oxygen furnace;
“CAN-CWB” means direct Canadian Complexity Weight Barrel (CAN-CWB) excluding
hydrogen production and cogeneration as calculated in accordance with the Guideline
under O.Reg. 452/09;
“Carbon Black” means carbon pellets, powders or other products produced by the
pyrolysis of hydrocarbon feedstock;
“coke” means coke produced by a coke oven at an iron and steel facility;
“dolomite used” means dolomite added to the blast furnace;
“dolomite lime” means dolomite lime produced by a lime kiln at the facility;
“Dolopel” means lime that has been processed twice in lime kilns at the same facility;
“EAF steel” means steel produced from the electric arc furnace;
“Ethylene” means the ethylene produced from the processing of natural gas liquids or
feedstock from the refining of crude oil and its derivatives:
“glass bottles and jars” means glass products produced through the glass production
activity set out in Table 2 of O.Reg. 452/09;
“Grey cement” means clinker produced from a cement kiln at the facility, blended with
limestone and gypsum at the facility;
“High Calcium Lime” means high calcium lime produced by a lime kiln at the facility;
“High value chemicals” means ethylene, benzene, butadiene and polypropylene;
Appendix to the Draft Cap and Trade Regulation
64
“Hydrogen” means hydrogen produced using steam hydrocarbon reforming, partial
oxidation or other transformation of the hydrocarbon; and does not include hydrogen that
is in the feedstock to a steam hydrocarbon reforming, partial oxidation or other
transformation processes;
“institution” means educational services and Health Care and Social Assistance as per
NAICS(North American Industry Classification System) Code 61 and 62;
“Iron produced” means liquid iron produced by a blast furnace;
“ISO 14064-3” means standard ISO 14064-3, published by the International Organization
for Standardization (ISO) and entitled “Greenhouse gases — Part 3: Specification with
guidance for the validation and verification of greenhouse gas assertions”, as amended
from time to time;
“ISO 14065” means standard ISO 14065, published by the International Organization for
Standardization (ISO) and entitled “Greenhouse gases – Requirements for greenhouse gas
validation and verification bodies for use in accreditation or other forms of recognition”,
as amended from time to time;
ISO 14064-2 means standard ISO 14064-2, published by the International Organization
for Standardization (ISO) and entitled “Greenhouse gases -- Part 2: Specification with
guidance at the project level for quantification, monitoring and reporting of greenhouse
gas emission reductions or removal enhancements,” as amended from time to time;
“limestone” means limestone added to the blast furnace;
“Magnesium” means any magnesium metals, magnesium alloys or magnesium products
produced at the facility where a covered gas or carrier gas is used in the production
process;
“nitric acid” means nitric acid produced by the nitric acid production activity set out in
Table 2 of O.Reg. 452/09;
“Pulp and paper” means the sum of pulp products and paper products produced at a
facility; and
“White cement” means clinker produced from a cement kiln, blended with limestone and
gypsum to produce white cement at the facility.
Appendix to the Draft Cap and Trade Regulation
65
Schedule 1: Equations for use under Section A.4.7
Equation 1
Where:
EReference (j) = the average annual eligible emissions from the production of production
unit j during the reference period, expressed in tonnes of carbon dioxide equivalent
Ei j = the eligible emissions from the production or use of production unit j during year i,
expressed in tonnes of carbon dioxide equivalent
j = production unit
i = each year in the reference period.
Equation 2
Where:
EReduction (j) = the average annual eligible emissions from the production of production
unit j during the reduction period, expressed in tonnes of carbon dioxide equivalent
Ei j = the eligible emissions from the production or use of production unit j for year i,
expressed in tonnes of carbon dioxide equivalent
i = each year in the reduction period
j = production unit
m = the year in which the reduction period begins
n = the number of consecutive years in the reduction period
Equation 3
Where:
PReference (j) = the average annual quantity of production units produced during the
reference period
P i j = the quantity of production units produced during year
Appendix to the Draft Cap and Trade Regulation
66
i = each year in the reference period
j = production unit
Equation 4
Where:
PReduction (j) = the average annual quantity of production units produced during the
reduction period
Pi j = the quantity of production units produced during year i
i = each year in the reduction period
j = production unit
m = the year in which the reduction period begins
n = the number of consecutive years in the reduction period
Appendix to the Draft Cap and Trade Regulation
67
Table 1: Product Output Benchmarks
Source
Product
Benchmark for Fixed
Process Emissions for
product (BMp_i )
Benchmark for
Combustion Emissions
for product ( BMc_i )
Benchmark Units
Iron and steel
making
Iron
1.034
0.396
Allowances per tonne of iron
produced
Iron and steel
making
BOF Steel
0.147
n.a
Allowances per tonne of BOF
Steel produced
Iron and steel
making
EAF Steel
0.067
n.a
Allowances per tonne of EAF
Steel produced
Iron and steel
making
Limestone used
0.44
n.a
Allowances per tonne of
limestone used
Iron and steel
making
Coke
Not applicable
0.522
Iron and steel
making
Dolomite used
0.48
n.a
n.a
0.0047
Allowances per Complexityweighted Barrel
0.487
0.316
Allowances per tonne of grey
cement
5.5
4.15
Allowances per tonne of
Hydrogen produced
n.a
0.007
Allowances/hundred litres of
beer produced
Petroleum Refining CAN-CWB
Grey Cement
Manufacturing
Grey Cement
Hydrogen
Manufacturing
Hydrogen
Beer manufacturing Beer
Appendix to the Draft Cap and Trade Regulation
Allowances per tonne of coke
produced
Allowances per tonne of
dolomite used
68
Table 2: Historical Facility Intensity (2017-2020)
Facility
Owner
Facility
Name
Facility City
Source
Product
Historical fixed process
emissions intensity (EIp_i)
Historical Combustion
emissions intensity
(EIc_i)
Intensity units
Federal White
Cement Ltd.
Woodstock
Plant
Woodstock
White Cement
Manufacturing
White Cement
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of white
cement
O-I Canada
Corp.
Plant #31
Brampton
Brampton
Glass Manufacturing
Glass Bottles and Jars
Historical 2010-2013 fixed process emissions
intensity as determined by the Director
Historical 2010-2013 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of Glass
Bottles and Jars
produced
Terra
International
(Canada) Inc.
CF Industries
Courtright
Nitrogen
Complex
Courtright
Ammonia
Manufacturing
Ammonia
Historical 2010-2014 fixed process emissions
intensity as determined by the Director
Historical 2010-2014 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of ammonia
produced
Terra
International
(Canada) Inc.
CF Industries
Courtright
Nitrogen
Complex
Courtright
Reductant use in
Nitric acid
Manufacturing
Nitric acid
Historical 2010-2014 fixed process emissions
intensity as determined by the Director
Not applicable
Allowances per
tonne of nitric acid
produced
Cabot Canada
Limited
Cabot Canada
Limited
Sarnia
Carbon black
manufacturing
Carbon black
Not Applicable
Historical 2010-2013 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of carbon
black produced
Columbian
Chemicals
Canada Ltd.
Hamilton
Hamilton
Carbon black
manufacturing
Carbon black
Not Applicable
Historical 2010-2013 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of carbon
black produced
Appendix to the Draft Cap and Trade Regulation
69
Facility
Owner
NOVA
Chemicals
(Canada) Ltd.
Imperial Oil
Facility
Name
Facility City
Source
Ethylene
manufacturing
Corunna Site
Sarnia
Chemical Plant
Imperial Oil
Sarnia
Chemical Plant
Petro-Canada
Lubricants Inc.
Mississauga
Lubricants
Centre
Sarnia Site
Ethylene
Historical fixed process
emissions intensity (EIp_i)
Sarnia
Sarnia
All chemicals from
ethylene cracking
unit
All chemicals from
ethylene cracking unit
All chemicals other
than those produced
from the ethylene
cracking unit
Chemicals other than
those produced from
the ethylene cracking
unit
Not Applicable
Lubricant
manufacturing
Refinery feed
Not Applicable
Magellan
Haley
Haley
Carmeuse Lime
Canada
Beachville
Operation
Ingersoll
Carmeuse Lime
Canada
Dundas
Operations
Dundas
Magnesium
Allowances per
tonne of ethylene
produced
Historical combustion emissions intensity
as determined by the Director
Allowances per
tonne of all
chemicals
produced from the
ethylene cracking
unit
Historical combustion emissions intensity
as determined by the Director
Allowances per
tonne of chemicals
other than those
produced from the
ethylene cracking
unit
Historical combustion emissions intensity
as determined by the Director
Allowances per
kilolitres of
refinery feed
Historical combustion emissions intensity
as determined by the Director
Allowances per
tonne of styrene
produced
Not Applicable
Sarnia
Magnesium
production
Not Applicable
Historical combustion emissions intensity
as determined by the Director
High Calcium lime
production
High calcium lime
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Dolomite lime
production
Appendix to the Draft Cap and Trade Regulation
Dolomite
Intensity units
Historical combustion emissions intensity
as determined by the Director
Not Applicable
Mississauga
Styrene
Historical Combustion
emissions intensity
(EIc_i)
Not Applicable
Corunna
Styrene
manufacturing
Styrolution
Canada Ltd.
Product
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of
magnesium
produced
Allowances per
tonne of high
calcium produced
Allowances per
tonne of dolomite
produced
70
Facility
Owner
Facility
Name
Facility City
Source
Product
Historical fixed process
emissions intensity (EIp_i)
Historical Combustion
emissions intensity
(EIc_i)
Intensity units
Dundas
Operations
Dundas
Dolopel lime
production
Dolopel
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of dolopel
produced
Northern Lime
Limited
Blind River
High calcium lime
production
High calcium lime
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of high
calcium produced
Essar Steel
Algoma Inc.
Essar Steel
Algoma Inc
Sault Ste. Marie
Essar Steel
Algoma Inc.
Essar Steel
Algoma Inc
Sault Ste. Marie
Carmeuse Lime
Canada
Carmeuse Lime
Canada
High Calcium lime
production
Dolomite lime
production
Appendix to the Draft Cap and Trade Regulation
High calcium lime
Dolomite
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Historical 2010-2012 fixed process emissions
intensity as determined by the Director
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Historical 2010-2012 combustion
emissions intensity as determined by the
Director
Allowances per
tonne of high
calcium produced
Allowances per
tonne of dolomite
produced
71
Table 3: Historical Emissions-Based Fixed Process Allocation (Bhp) and Combustion Allocation (Bhc)
Facility Owner
Facility Name
Facility City
Source
Product
Historical fixed process
emissions allocations (Bhp)
Historical combustion
emissions allocations (Bhc)
Glencore Canada Corporation
Sudbury Nickel Smelter
Complex
Falconbridge
Mining, base metal
smelting, refining
copper and
nickel
Historical 2011-2013 fixed process
emissions as determined by the Director
Historical 2011-2013 combustion
emissions as determined by the Director
Vale Canada Limited
Copper Cliff Nickel
Refining, smelter and
mining complex
Sudbury
Mining, base metal
smelting ,refining,
copper and
nickel
Historical 2011-2013 fixed process
emissions as determined by the Director
Historical 2011-2013 combustion
emissions as determined by the Director
Brampton Brick Limited
Brampton Brick
Brampton
Brick making
Brick
Historical 2011-2013 fixed process
emissions as determined by the Director
Historical 2011-2013 combustion
emissions as determined by the Director
Hanson Brick
Hanson Brick Burlington
Burlington
Brick making
Brick
Historical 2011-2013 fixed process
emissions as determined by the Director
Historical 2011-2013 combustion
emissions as determined by the Director
ROXUL Inc.
ROXUL Inc.
Milton
Mineral wool insulation
manufacturing
Mineral
wool
insulation
Appendix to the Draft Cap and Trade Regulation
Historical 2011-2013 combustion
emissions as determined by the Director
72
Table 4: Direct Allocations
Facility
Owner
Facility
Name
Facility
City
Source
Cap
Adjustment
Factor for
Fixed Process
Emissions
2018(Cp)
Cap
Adjustment
Factor for
Fixed Process
Emissions
2019(Cp)
Cap
Adjustment
Factor for
Fixed Process
Emissions
2020(Cp)
Emissions
reported in
Budget year t2
(see Table 5)
(see Table 5)
(see Table 5)
(see Table 5)
Emissions
reported in
Budget year t-2
1
0.9543
0.9086
0.8629
n.a
n.a
n.a
n.a
n.a
Emissions
reported in
Budget year t-2
1
0.9543
0.9086
0.8629
Historical
combustion
emissions
allocations
(Bhc)
Cap
Adjustment
Factor for
Combustion
Emissions
2017 (Ccd)
Cap
Adjustment
Factor for
Combustion
Emissions 2018
(Ccd)
Cap
Adjustment
Factor for
Combustion
Emissions
2019 (Ccd)
Cap
Adjustment
Factor for
Combustion
Emissions
2020 (Ccd)
Carmeuse
Lime Canada
Dundas
Operation
Dundas
Terra
International
(Canada) Inc.
CF Industries
Courtright
Nitrogen
Complex
Courtright
The
University of
Toronto
St George
Campus
Toronto
Facility
n.a
n.a
n.a
n.a
n.a
Emissions
reported in
Budget year t-2
1
1
1
1
The
University of
Western
Ontario
University of
Guelph
Main
Campus
London
Facility
n.a
n.a
n.a
n.a
n.a
Emissions
reported in
Budget year t-2
1
1
1
1
Guelph
Campus
Guelph
Facility
n.a
n.a
n.a
n.a
n.a
Emissions
reported in
Budget year t-2
1
1
1
1
York
University
York
University Keele
Campus
Victoria
Hospital
Toronto
Facility
n.a
n.a
n.a
n.a
n.a
Emissions
reported in
Budget year t-2
1
1
1
1
London
Facility
n.a
n.a
n.a
n.a
n.a
Emissions
reported in
Budget year t-2
1
1
1
1
London
Health
Sciences
Centre
Hamilton
Health
Sciences
Corporation
McMaster
University
Medical
Centre Cogeneration
Plant
Fusite
production in
lime
manufacturin
g
Process
emission in
Nitric acid
manufacturin
g
Cap
Adjustment
Factor for
Fixed Process
Emissions
2017 (Cp)
Fixed process
emissions
allocations
(Bhp)
Facility
n.a
n.a
Hamiton
Appendix to the Draft Cap and Trade Regulation
n.a
n.a
n.a
1
Emissions
reported in
Budget year t-2
1
1
1
73
Facility
Owner
Facility
Name
Queen's
University
Kingston
Main
Campus
Emerald
Energy From
Waste Inc.
Emerald
Energy from
Waste Inc.
Clean
Harbors
Canada, Inc.
Clean
Harbors
Canada, Inc
Facility
City
Source
Fixed process
emissions
allocations
(Bhp)
Facility
Cap
Adjustment
Factor for
Fixed Process
Emissions
2017 (Cp)
Cap
Adjustment
Factor for
Fixed Process
Emissions
2018(Cp)
Cap
Adjustment
Factor for
Fixed Process
Emissions
2019(Cp)
Cap
Adjustment
Factor for
Fixed Process
Emissions
2020(Cp)
n.a
n.a
n.a
n.a
n.a
n.a
n.a
n.a
n.a
n.a
n.a
n.a
n.a
Kingston
Facility
n.a
Historical
combustion
emissions
allocations
(Bhc)
Emissions
reported in
Budget year t-2
Cap
Adjustment
Factor for
Combustion
Emissions
2017 (Ccd)
Cap
Adjustment
Factor for
Combustion
Emissions 2018
(Ccd)
Cap
Adjustment
Factor for
Combustion
Emissions
2019 (Ccd)
Cap
Adjustment
Factor for
Combustion
Emissions
2020 (Ccd)
1
1
1
1
Emissions
reported in
Budget year t-2
1
1
1
1
Emissions
reported in
Budget year t-2
1
0.9543
Brampton
Facility
Corunna
n.a
Appendix to the Draft Cap and Trade Regulation
0.9086
0.8629
74
Table 5: Cap Adjustment Factor
Cap Adjustment
Factor for Fixed
Process
Emissions(Cp) for
2017
Cap Adjustment
Factor for Fixed
Process
Emissions(Cp) for
2018
1
1
Cap Adjustment
Factor for Fixed
Process
Emissions(Cp) for
2019
1
Cap Adjustment
Factor for Fixed
Process
Emissions(Cp) for
2020
Cap Adjustment
Factor for
combustion
emissions(Cc) for
2017
1
Appendix to the Draft Cap and Trade Regulation
Cap Adjustment
Factor for
combustion
emissions(Cc) for
2018
1
0.9543
Cap Adjustment
Factor for
combustion
emissions(Cc) for
2019
0.9086
Cap Adjustment
Factor for
combustion
emissions(Cc) for
2020
0.8629